Nieves
Nieves v. Wildflower
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 3 JANE NIEVES, Case No. 20-cv-05583-JD
Plaintiff,
ORDER RE REMAND
v. 6 Re: Dkt. No. 18 LEA WILDFLOWER, Defendant.
9 In January 2019, plaintiff Nieves got a “twenty-minute free ‘Thai’ Massage” from defendant Wildflower, a massage therapist. Dkt. No. 1-1 ¶ 12. In February 2020, Nieves sued Wildflower in Marin County Superior Court for a lower back injury that she attributed to the massage. Id. ¶¶ 13-15. Wildflower timely removed the lawsuit to this Court on diversity jurisdiction grounds. Dkt. No. 1. Nieves asks for the case to be remanded for lack of subject matter jurisdiction. Dkt. No. 18. The case was removed improvidently and without jurisdiction, and is remanded to the Superior Court. 28 U.S.C. § 1447(c). Wildflower removed solely on the basis of diversity jurisdiction, which arises when a plaintiff sues a citizen of a different state and the amount in controversy exceeds $75,000. 28 U.S.C. § 1332(a). An out-of-state defendant may remove to federal…