Opinion
CHARLES D. MAY, ESQ.; GENE B. SHARAGA, ESQ.; BRIAN J. KIM, ESQ.; THARPE & HOWELL, LLP, Sherman Oaks, California, Attornexs for Defendant, LOWE'S HOME CENTERS, LLC.
[PROPOSED] REMAND ORDER
VIRGINIA A. PHILLIPS, District Judge.
I. BACKGROUND
On or about May 30, 2014, Plaintiff ("Plaintiff') commenced the above-entitled civil action in the Superior Court for the County of Riverside by filing a Complaint therein entitled Brenda Myers v. Lowe's Companies, Inc., and DOES 1 TO 100, inclusive, Case No. PSC1402986. Plaintiff's complaint for negligence and premises liabilty arises from an alleged incident on July 16, 2013, at Defendant's retail store in La Quinta, California. On that date, Plaintiff alleges that she loaded approximately five (5) bags of concrete into a shopping cart. Plaintiff alleges that as she was pushing the subject shopping cart down an aisle, the front wheels of the cart got stuck in a drainage gate on the floor. Plaintiff further alleges that the shopping cart broke, which caused her to fall onto it. Plaintiff attributes her injuries to the Defendant. Specifically, Plaintiff contends that Defendant was alleged negligence of aware of a dangerous condition on its premises and the faulty shopping cart and failed to take corrective measures to maintain/repair it.
On September 22, 2014, Plaintiff filed her Statement of Damages on Defendant. Plaintiffs Statement of Damages unequivocally stated that she sought more than $715,000.00 in combined special and general compensatory damages. Based on this "other paper", Defendant determined that the amount in controversy exceeded the $75,000.00 statutory minimum. Accordingly, Defendant removed the matter to federal court pursuant to 28 U.S.C. §§1332, 1441, and 1367.
The parties have now agreed and stipulate to limit any and all recovery of damages by plaintiff BRENDA MYRS in this matter at $75,000 or less, as evidenced by the Stipulation Capping Plaintiffs Damages and Recovery at $75,000, executed by both plaintiff BRENDA MYERS and her counsel, Douglas B. Brewer, Esq. Accordingly, the parties seek an order from this Court remanding the case to the Riverside County Superior Court, Case No.: PSC1402986.
II. ANALYSIS
United States Code, Title 28, Section 1447(c), provides that "[i]f at any time before final judgment it appears that the district court lacks subject matter jurisdiction, the case shall be remanded. " (Emphasis added). In light of the parties' stipulation limiting any and all recovery by plaintiff BRENDA MYERS to $75,000 or less, this Court lacks subject matter jurisdiction and must, therefore, remand the case to state court pursuant to 28 U.S.C. § 1447(c). See Bruns v. NCUA 122 FJd 1251, 1257 (9th Cir. 1997) ("Section 1447 (c) is mandatory, not discretionary.")
III. CONCLUSION
Because the amount in controversy does not exceed $75,000, this Court lacks subject matter jurisdiction in the present case. Accordingly, the case is REMANDED to the Riverside County Superior Court, Case No.: PSC1402986.
SO ORDERED.