Doreen Vouga Wilson v. Target Corporation
Opinion
Trial Court Opinion
I. Background
The following facts are drawn from Plaintiff’s Complaint (“Compl.”) (Dkt. 1-2). Plaintiff alleges that she was a patron of Target Corporation (“Defendant”) and “fell over a partially unloaded pallet left unattended and protruding into the end of an aisle.” Id. at 4.
Plaintiff originally filed suit in Orange County Superior Court on April 14, 2021. See generally Compl. On September 10, Defendant removed the action to this Court, asserting diversity jurisdiction. Notice of Removal (Dkt. 1). Plaintiff filed the instant Motion on October 8, 2021. Defendant opposed (“Opposition”) (Dkt. 13) on November 8, 2021 and Plaintiff replied (“Reply”) (Dkt. 14) on November 15, 2021.
CIVIL MINUTES – GENERAL
Case No. 8:21-CV-01491-DOC-KES Date: November 23, 2021
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II. Legal Standard
“If at any time before final judgment it appears that the district court lacks subject matter jurisdiction, the case shall be remanded.” 28 U.S.C. § 1447(c). Removal of a case from state court to federal court is governed by 28 U.S.C. § 1441, which provides in relevant part that “any civil action brought in a State court of which the district courts of the United States…