Vindum

Vindum v. Safeco Insurance Company of America

Good Law
United States District Court, Northern District of CaliforniaOctober 5, 20223:22-cv-04259California244 words

Opinion

Trial Court Opinion

facts alleged in the complaint (or the facts that could be alleged in the complaint). Cf’ Njoku v. GEICO General Insurance Co., No. 19-CV-07757-JST, 2020 WL 4915433, at *2—3 (N.D. Cal. May 6, 2020). Indeed, Esrock has filed an answer in state court, which presumably means that discovery will proceed. And if Esrock sought to dismiss the complaint for failure to state a claim against her, the plaintiffs would no doubt receive leave to amend. Given the presumption against removal, “[a]ll doubts concerning the sufficiency of a cause of action because of inartful, ambiguous or technically defective pleading must be resolved in favor of remand.” Archuleta v. American Airlines, Inc., No. CV 00-1286 MMM (SHX), 2000 WL 656808, at *4 (C.D. Cal. May 12, 2000) (citing Gaus v. Miles, Inc., 980 F.2d 564, 566-67 (9th Cir. 1992)). Furthermore, “courts should only find that a defendant was fraudulently joined if any deficiency in the complaint cannot possibly be cured by granting the plaintiff leave to amend.” Nido v. Nationwide Mutual Insurance Co., No. 19-CV-07724-LHK, 2020 WL 1865324, at *4 (N.D. Cal. Apr. 14, 2020). Because Esrock is named as a defendant and it is possible that the plaintiffs…

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