Ancona
Ancona v. Lowe's Home Centers, LLC
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 JAY ANCONA, Case No. 20-cv-1462-MMA (JLB)
Plaintiff,
ORDER GRANTING PLAINTIFF’S
v. MOTION TO REMAND
LOWE’S HOME CENTERS, LLC, and [Doc. No. 7]
MIKE SMITH,
15 Defendants. 16 17 18 On July 29, 2020, Defendant Lowe’s Home Centers, LLC (“Lowe’s”) filed a notice of removal from the Superior Court of California, County of San Diego, to the United States District Court for the Southern District of California pursuant to 28 U.S.C. § 1441 and on the basis of diversity jurisdiction under 28 U.S.C. § 1332. See Doc. No. 1. Defendant Mike Smith (“Smith”) moves to dismiss, pursuant to Federal Rule of Civil Procedure 12(b)(6), Plaintiff Jay Ancona’s (“Plaintiff”) “Fourth Cause of Action for harassment against him, with prejudice.” Doc. No. 6 at 2. Smith argues that dismissal is 26 27 28 proper because Plaintiff fraudulently joined Smith in this action. See id. Plaintiff moves to remand the action back to state court pursuant to…