Sun Coast Merchandise Corp. v. Hecny Transportation, Inc.

I. INTRODUCTION

On October 13, 2020, plaintiff Sun Coast Merchandise Corp. (“Sun Coast’) filed this action in the Los Angeles County Superior Court against defendants Hecny Transportation, Inc. (“Hecny”) and Does through 100, alleging: (1) breach of contract (implied-in-fact), (2) negligence, (3) common carrier liability pursuant to Cal. Civ. Code § 2194, (4) implied contractual indemnity, (5) unjust enrichment, and (6) negligent interference with prospective economic relations. See Dkt. 1- (“Compl.”). Sun Coast’s claims arise from Hecny’s alleged failure to transport several thousand KN-95 masks from Shanghai, China to Stockton, California for Sun Coast. On December 3, 2020, Hecny removed this action under 28 U.S.C. § 1331, on the basis that Sun Coast’s claims arise under a United States treaty: the Convention for the Unification of Certain Rules for International Carriage by Air. Dkt. 1 (“Not. of Removal”) 4; see Convention for Int’] Carriage by Air, S. Treaty Doc. No. 106-45 (May 28, 1999) (“Montreal Convention” or “Convention”). (Removal was timely, as Hecny was served on November 3, 2020. Not. of Removal {ff 2-3.) Hecny…