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Li, et al v. the Sygma Network

June 22, 2012

LI, ET AL
v.
THE SYGMA NETWORK, INC., ET AL



The opinion of the court was delivered by: Honorable R. Gary Klausner, United States District Judge

JS-6

CIVIL MINUTES - GENERAL

Present: The Honorable R. GARY KLAUSNER, UNITED STATES DISTRICT JUDGE

Sharon L. Williams Not Reported N/A

Deputy Clerk Court Reporter / Recorder Tape No.

Attorneys Present for Plaintiffs: Attorneys Present for Defendants:

Not Present Not Present

Proceedings: (IN CHAMBERS) Order Re: Plaintiff's Motion to Remand (DE 11)

INTRODUCTION

On March 8, 2012, Chang Ping Li and JY, a minor by and through Guardian Ad Litem, Chang Ping Li, ("Plaintiffs") filed a complaint against The Sygma Network, Inc. ("Sygma") and Ronald Gerald Rogers ("Rogers") (collectively "Defendants") in the Superior Court of the County of Los Angeles, Central District, California. The complaint alleges that Plaintiffs suffered injuries as a result of a motor vehicle collision. Plaintiffs allege that the collision resulted from Rogers's negligence. At the time of the accident, Sygma employed Rogers, and Rogers was acting within the scope of his employment.

Plaintiffs served Sygma and Rogers on March 20, 2012. On April 19, 2012, Defendants removed the case to this Court on the ground of diversity jurisdiction. Sygma is a corporation that is incorporated in the state of Delaware and has its principal place of business in Ohio. Plaintiffs are citizens of California. Though Rogers is a citizen of California, Defendants allege that Rogers is only a nominal or formal party; therefore, Rogers does not destroy complete diversity.

Presently before the Court is Plaintiffs' Motion to Remand to the California Superior Court. For the following reasons, the Court GRANTS the Plaintiffs' Motion.

FACTUAL BACKGROUND

The parties allege the ...


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