Deborah A. Perez v. Sams West, Inc.

Summary

The United States District Court for the Central District of California denied Deborah A. Perez’s motion to remand a premises-liability and negligence action against Sam’s West, Inc. and Lupita de Haro. The court held that de Haro was fraudulently joined because she did not own, possess, or control the Sam’s Club premises at the time of the alleged slip-and-fall. After disregarding de Haro’s California citizenship, the court found complete diversity and an amount in controversy exceeding $75,000.

Holdings

1. De Haro was fraudulently joined because Perez could not establish a negligence or premises-liability cause of action against a person who did not own, possess, or control the premises at the time of the incident.
2. The court had diversity jurisdiction because, after disregarding de Haro's citizenship, Perez was a California citizen, Sams West was an Arkansas citizen, and the amount in controversy exceeded $75,000.
3. Potential future amendment to add additional nondiverse employees did not provide a basis for remand because those employees had not yet been joined and no leave to amend had been sought.

Questions Presented

1. Whether Lupita de Haro was fraudulently joined as a defendant under California law such that her California citizenship could be disregarded for diversity-jurisdiction purposes.
2. Whether complete diversity and the amount-in-controversy requirement existed after disregarding de Haro's citizenship.
3. Whether the court should consider de Haro's declaration and potential future joinder of additional California employees in deciding the motion to remand.

Disposition

other