Kit Wong v. Safety-Kleen Systems, Inc.

Good Law
United States District Court, Central District of CaliforniaMarch 8, 20212:20-cv-09759California2,259 words

Opinion

trial_court Opinion

Background Plaintiffs filed this action in the Los Angeles Superior Court (“LASC”) in July 2020 against twenty Defendants, including FCA. Dkt. 1-1. The initial Complaint alleged Defendants manufactured, distributed, supplied, and/or sold products with toxic chemicals that caused Plaintiffs’ husband and father, Decedent Cam Le (“Decedent”), to develop acute myelogenous leukemia and die shortly thereafter. /d. According to Plaintiffs, Decedent was exposed to these chemicals from 1984 to 2018. /d. The Complaint pleaded six causes of action for: (1) negligence; (2) strict liability — failure to warn; (3) strict liability — design defect; (4) fraudulent concealment; (5) breach of implied warranties; and (6) loss of consortium. □□□ FCA was served the Complaint and Summons on September 24, 2020. Dkt. 1, J 12. On October 23, 2020, FCA filed a notice of removal (“NOR”) asserting bankruptcy jurisdiction under 28 U.S.C. §§ 1452 and 1334(b), and supplemental jurisdiction under 28 U.S.C. §1367. Dkt.1. The NOR stated that in April 2009, Chrysler LLC and twenty-four of its affiliated entities (collectively, “the Debtors”) filed for bankruptcy in the action styled /n re Old Carco…

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