Watkins
Watkins v. Dollar Tree
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 JILL DONALD WATKINS, an Case No.: 3:20-cv-00717-L-MSB individual,
ORDER GRANTING DEFENDANT’S
Plaintiff, MOTION TO DISMISS WITH v. LEAVE TO AMEND [Doc. no. 4] 14 DOLLAR TREE STORES, INC., and 15 DOES 1 through 10, 16 Defendants.
Pending before the Court is Defendant Dollar Tree Stores, Inc.’s motion to dismiss Plaintiff’s complaint. Plaintiff opposed the motion and Defendant replied. The Court decides the matter on the papers submitted and without oral argument. See Civ. L. R. 7.1(d.1). For the reasons stated below, Defendant’s motion is granted with leave to amend. Plaintiff alleges he broke his back on Defendant’s premises when Defendant’s shopping cart malfunctioned and steered him into a steel dumpster. He filed a complaint in State court, alleging a single cause of action for negligence. Defendant removed the action to this Court based on diversity jurisdiction. Defendant moves to dismiss under…