Justino Montiel v. Hitachi America, Ltd

I. BACKGROUND

On December 20, 2020, Plaintiff commenced this action against Defendants in San Bernardino County Superior Court. (Notice of Removal (“NoR”), Ex. A (“Complaint”) (Docket No. 1-1)). The Complaint alleges that, on approximately January 7, 2019, Plaintiff was at work using a nail gun labeled with Hitachi Model # NR 83A (the “Nail Gun”) when the Nail Gun misfired and lodged into his brain. (Complaint ¶¶ 14-15). Based on these allegations, Plaintiff asserts the following claims against KHA and Hitachi Solutions America, Ltd., Hitachi High Tech Science America, Inc., and Hitachi America, Ltd. (“Hitachi Defendants”): (1) strict products liability; (2) negligent failure to recall/retrofit relating; and (3) intentional failure to recall/retrofit. (See generally Complaint). Defendants filed the NoR on May 14, 2021, seeking to establish diversity jurisdiction and alleging that the Hitachi Defendants — the only California Defendants — were fraudulently joined in the action. (NoR ¶¶ 8-23). Specifically, KHA argues that the Hitachi Defendants were fraudulently joined because they do not “import, design, manufacture, market, sell, package, research, develop, produce,…