United States District Court, C.D. California
PRESENT: HORABLE DAVID O. CARTER, JUDGE
CIVIL MINUTES - GENERAL
(IN CHAMBERS): ORDER DENYING PLAINTIFF'S MOTION TO REMAND
the Court is Plaintiff's Motion to Remand
(“Motion”) (Dkt. 23). The Court finds this matter
appropriate for resolution without oral argument.
See Fed. R. Civ. P. 78; L.R. 7-15. After reviewing
the moving papers and considering the parties' arguments,
the Court DENIES Plaintiff's Motion.
Court adopts the facts as set out in Plaintiff's
Complaint (“Complaint”) (Dkt. 1-1).
March 3, 2016, Plaintiff Deidre Lewis
(“Plaintiff”) was using a Cook's Essentials
Programmable Pressure Cooker, Model CEPC600S
(“Cooker”) when it exploded. Compl. ¶ 8.
Plaintiff suffered injuries from the explosion including a
traumatic brain injury, second and third degree burns, and
various orthopedic injuries. Id. ¶ 10.
Plaintiff was also pregnant at the time of the explosion.
Id. ¶ 11.
QVC, Inc. (“QVC”) designed, manufactured, and
distributed the Cooker. Id. ¶ 9. Plaintiff
alleges that the cooker contained a manufacturing defect when
it left QVC's possession. Id. ¶ 14.
filed this suit in the California Superior Court for the
County of Orange on October 26, 2016 (Dkt. 1). Plaintiff
filed a First Amended Complaint (“FAC”) on
February 8, 2017 (Dkt. 12-2), adding Spectrum Brands, Inc.;
Salton, Inc.; QVC Ontario, LLC; and Pick Five Imports, Inc.
(“Pick Five”) as defendants to the action.
Plaintiff did not serve the FAC on QVC or the added
defendants until February 16 and 17, 2017, after QVC had
already removed the action to the Central District of
California (Dkt. 1).
brings the following claims: (1) strict products liability,
manufacturing defect; (2) strict products liability, design
defect; (3) strict products liability, failure to warn; and
(4) negligence. See Compl.
March 21, 2017, Plaintiff filed the instant Motion. QVC
opposed on April 3, 2017 (Dkt. 14), and Plaintiff replied on
April 10, 2017 (Dkt. 15).
at any time before final judgment it appears that the
district court lacks subject matter jurisdiction, the case
shall be remanded.” 28 U.S.C. § 1447(c). Removal
of a case from state court to federal court is governed by 28
U.S.C. § 1441, which provides in pertinent part that
“any civil action brought in a State court of which the
district courts of the United States have original
jurisdiction, may be removed . . . to the district court of
the United States for the district and division embracing the
place where such action is pending.” The removing
defendant must file a notice of removal in the appropriate
United States District Court, together with all process,
pleadings, and orders served upon the defendant. 28 U.S.C.
§ 1446(a). Notice of removal must be filed within thirty
days of receiving a copy of the original complaint, or
“within 30 days after the service of summons upon the
defendant, if such initial pleading has then been ...