Justin Damiano v. Diamond W Inc.

I.

BACKGROUND

Plaintiff Justin Damiano alleges that he suffered injuries when he fell through a skylight that unexpectedly collapsed while he was working on the roof of 19301 E. Walnut Drive North, City of Industry, California (“the Property”) on August 19, 2019. On April 22, 2021, Plaintiff filed a Complaint in Los Angeles County Superior Court against Diamond W Supply Co. (erroneously named as Diamond W Inc.), Industrial Park E Sub B LLC (“Industrial Park”), and 30 Doe Defendants. He asserts claims for general negligence and premises liability. Notice of Removal (“NOR”), Ex. A [Doc. # 4 (“Complaint”)].

On June 24, 2021, Industrial Park removed the action, asserting diversity jurisdiction pursuant to 28 U.S.C. section 1332 because Plaintiff is a California citizen, Industrial Park is citizen of Delaware and Iowa, and the amount in controversy exceeds $75,000. NOR at ¶ 10. Industrial Park also claimed that Plaintiff fraudulently named “Diamond W Inc.,” a non-existent entity, as a Defendant and that the Court should disregard its citizenship for the purpose of determining jurisdiction. Id. at ¶ 11. On July 9, 2021 Plaintiff filed a First Amended Complaint (“FAC”) as…