Holly Cordan v. Costco Wholesale Corporation

Good Law
United States District Court, Central District of CaliforniaJune 30, 20212:20-cv-11096California786 words

Opinion

trial_court Opinion

CENTRAL DISTRICT OF CALIFORNIA

CIVIL MINUTES - GENERAL

June 30, 2021 Case No. 2:20-cv-11096-SVW-KS Date

Holly Cordan v. Costco Wholesale Corporation et al Title

Present: The Honorable STEPHEN V. WILSON, U.S. DISTRICT JUDGE

Paul M. Cruz N/A

Deputy Clerk Court Reporter / Recorder

Attorneys Present for Plaintiffs: Attorneys Present for Defendants:

N/A N/A

Proceedings: ORDER DENYING [44] MOTION TO STRIKE AND GRANTING [45]

MOTION TO AMEND AND REMAND.

Before the Court is (1) Plaintiff’s motion to amend the complaint and remand this action to Ventura Superior Court, and (2) Defendant’s motion to strike Plaintiff’s amended complaint. Dkts. 44, 45. For the below reasons, Plaintiff’s motion is GRANTED, and Defendant’s motion is DENIED.

When deciding whether to permit joinder under § 1447(e), a court considers five factors:

(1) whether the party sought to be joined is needed for adjudication and would be joined under Federal Rule of Civil Procedure 19(a);

(2) whether the statute of limitations would prevent the filing of a new action against the new defendant if the court…

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