Jennifer Woolfenden v. Target Corporation
Opinion
Trial Court Opinion
I. Background
A. Facts This case arises from a slip and fall suffered by Plaintiff while shopping in a Target Corp. (“Target”) store. Mot. at 3. Plaintiff alleges that Defendant’s negligent maintenance and management of the premises allowed the creation of a dangerous condition that led to Plaintiff’s significant injuries. Id. at 3-4.
CIVIL MINUTES – GENERAL
Case No. SA CV 21-01616-DOC-DFM Date: November 16, 2021 Page
B. Procedural History Plaintiff filed suit in Orange County Superior Court on August 5, 2021 against Target and store manager on duty Carole Murphy (“Murphy”) (Dkt. 1-2). On September 2, Target was served with the complaint. On September 23, Plaintiff attempted to serve Murphy at work, but Murphy was not present at that time. On September 30, Defendant removed the action to this Court, asserting diversity jurisdiction. Notice of Removal (Dkt. 1). Plaintiff successfully served Murphy on October 3 after two other unsuccessful attempts.
Plaintiff filed this Motion to Remand on October 8, 2021. Defendant Target filed an Opposition (“Opp’n”) (Dkt. 11) on October 28, 2021, and Plaintiff replied (“Reply”) (Dkt. 14) on November 4,…