Saludares

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

MYRA SALUDARES, Case No. 23-cv-02325-VC

Plaintiff,

GRANTING MOTION TO REMAND

v. Re: Dkt. No.

COSTCO WHOLESALE

CORPORATION,

Defendant.

This ruling assumes the reader is familiar with the facts, the applicable legal standard, and the arguments made by the parties. Costco failed to carry its “heavy burden” of demonstrating that Juan A. and Jesus Doe were fraudulently joined. Grancare LLC v. Thrower ex rel. Mills, 889 F.3d 543, 548 (9th Cir. 2018). Costco argues that claims against Jesus Doe and Juan A. cannot succeed because the two employees were merely present and thus cannot be liable for failure to prevent the accident. But Saludares has alleged more than presence: In the complaint, she alleges that an employee placed a pallet jack behind her and did not warn her about it, causing her to fall. In her application to amend the complaint upon learning the full names of Juan A. and Jesus Doe, she states that Jesus Doe was involved in the incident, and she submits an incident report suggesting the same. Costco further contends that Saludares’s inability to specify the full names and addresses of…