UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA CIVIL MINUTES - GENERAL Case No. 2:20-cv-09242-SVW Date November 13, 2020 Title Birke v. Lowe’s Home Centers, LLC et al

Present: The Honorable STEPHEN V. WILSON, UNITED STATES DISTRICT JUDGE Teresa Jackson N/A Deputy Clerk Court Reporter / Recorder Attorneys Present for Plaintiffs: Attorneys Present for Defendants: N/A N/A Proceedings: IN CHAMBERS ORDER GRANTING PLAINTIFF’S MOTION TO REMAND [12] AND DENYING AS MOOT DEFENDANTS’ MOTIONS TO DISMISS [9], [10], [11]. Before the Court is Plaintiffs motion to remand and Defendants’ motions to dismiss. For the purposes of fraudulent joinder, a claim is valid if there is any possibility that state law might impose liability on a resident defendant under the circumstances alleged in the complaint or in a future amended complaint. See Revay v. Home Depot U.S.A., Inc.,

, at *3 (C.D. Cal. Mar. 19, 2015). The Court finds that there exists at least a possibility that state law imposes liability on Defendant Renderos for negligence under the circumstances alleged in the complaint or in a future amended complaint. Accordingly, Defendant Renderos is not a sham defendant, and his residency must be considered for jurisdictional purposes. Because both Plaintiff and Defendant Renderos are California residents, this Court lacks diversity jurisdiction and cannot hear the case. In light of the foregoing, Defendants’ motions to dismiss [9], [10], and [11] are DENIED as moot. Plaintiffs motion to remand [12] is GRANTED. Plaintiff's request for attorney’s fees is DENIED. The case is remanded to Los Angeles Superior Court. IT IS SO ORDERED.

Initials of Preparer TJ