Berryhill

Berryhill v. Costco Wholesale Corp.

Good Law
United States District Court, Eastern District of CaliforniaMay 8, 20232:23-cv-00315California2,110 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA ----oo0oo---- 11 DUANE BERRYHILL, No. 2:23-cv-00315 WBS AC Plaintiff, v. ORDER RE: PLAINTIFF’S MOTION

TO REMAND

COSTCO WHOLESALE CORPORATION, ALEXIS FONG, and DOES 1 to 20, inclusive, Defendants. 18 ----oo0oo---- Plaintiff Duane Berryhill initiated this premises liability action against defendants Costco Wholesale Corporation and Alexis Fong (a Costco store manager) for injuries resulting from a slip-and-fall incident at a Costco store. (See Compl. (Docket No. 1-1).) Defendants removed the action to this court from the San Joaquin County Superior Court based on diversity. (Docket No. 1.) Plaintiff now moves to remand, arguing that removal is improper because complete diversity does not exist. (Mot. (Docket No. 5).) Defendant contends that defendant Fong was fraudulently joined to defeat diversity. (Opp’n (Docket No. 6).) I. Fraudulent…

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