1 DIANA M. RIVERA, ESQ.; STATE BAR NO.: 222025 DELLYA F. TALAS, ESQ.; STATE BAR NO.: 352764 2 THARPE & HOWELL, LLP 3 15250 Ventura Blvd., Ninth Floor Sherman Oaks, California 91403 4 (818) 205-9955; (818) 205-9944 fax E-Mail: [email protected] 5 E-Mail: [email protected]

6 Attorneys for Defendant, TARGET CORPORATION 7

8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA – WESTERN DIVISION

10

11 ESTHER SAHAGUN Case No.: CV 24-10243-GW-SSCx (Ventura County Superior Court Case No.: 12 Plaintiff, 2024CUPP032257)

13 v. [Assigned to Hon. George H. Wu, District Judge; Hon. Stephanie S. Christensen, 14 TARGET CORPORATION and DOES Magistrate Judge] 1 TO 100 15 ORDER GRANTING THE PARTIES’ Defendants. STIPULATION TO CAP PLAINTIFF’S 16 JUDGMENT, AWARD, OR RECOVERY AND TO REMAND 17 Complaint Filed: October 17, 2024 18 Trial: None

19 The Court, having read and considered the Parties’ Stipulation to Cap Plaintiff’s 20 Judgment, Award, or Recovery and to Remand, hereby ORDERS as follows: 21 I. BACKGROUND 22 On October 17, 2024, Plaintiff filed a Complaint for personal injury against 23 Defendant Target in the Superior Court for the State of California, County of Ventura, 24 Case No. 2024CUPP032257. 25 On November 26, 2024, Defendant Target removed this matter to the United 26 States District Court for the Central District – Western Division of California pursuant 27 to

, and 1441. 28 1 The parties have now agreed and stipulated to limit any and all recovery of 2 damages by plaintiff ESTHER SAHAGUN to $75,000.00 or less, as evidenced by the 3 Stipulation to Cap Plaintiff’s Judgment, Award, or Recovery and To Remand, 4 executed by plaintiff ESTHER SAHAGUN and defendant TARGET 5 CORPORATION, by and through their attorneys of record. Accordingly, the parties 6 request an order from this Court remanding the case to the Riverside County Superior 7 Court, Case No. 2024CUPP032257. 8 II. ANALYSIS 9 United States Code, Title 28, Section 1447(c), provides that “[i]f at any time 10 before final judgment it appears that the district court lacks subject matter jurisdiction, 11 the case shall be remanded.” (Emphasis added). In light of the parties’ stipulation 12 limiting any and all recovery by Plaintiff to $75,000.00 or less, this Court lacks subject 13 matter jurisdiction and must, therefore, remand the case to state court pursuant to 28

(c). See Bruns v. NCUA

, 1257 (9th Cir. 1997) (“Section 15 1447(c) is mandatory, not discretionary.”) 16 III. ORDER OF THE COURT 17 1. Plaintiff’s total recovery, if any, from Defendant TARGET 18 CORPORATION for any injuries, damages, harms, or losses resulting from the 19 alleged incident that occurred on Defendant’s premises on or about November 14, 20 2022, and which are the subject of the within action (including formerly Ventura 21 County Superior Court Case No.: 2024CUPP032257) (the “Litigation), including but 22 not limited to economic and non-economic damages as well as any award of attorneys’ 23 fees and costs of suit (including any award of costs for the services of expert 24 witnesses), is hereby capped at $75,000.00. 25 2. If any judgment or award, entered in her favor and against Defendant 26 TARGET CORPORATION, in the Litigation should exceed $75,000.00, inclusive of 27 any award of attorneys’ fees and costs of suit (including any award of costs for the 28 services of expert witnesses) Plaintiff has knowingly and voluntarily waived the right to claim that portion of her final judgment or award which exceeds $75,000.00. 2 3. Should any judgment or award, inclusive of any award of attorneys’ fee: and costs of suit (including any award of costs for the services of expert witnesses) b« entered in her favor and against Defendant TARGET CORPORATION in □□□ 5|| Litigation, in excess of $75,000.00, Plaintiff shall execute any necessary document: 6|| to reduce any such award or judgment to $75,000.00, and is barred from executing ot 7|| any amount of the award or judgment in excess of $75,000.00. 8 4. Pursuant to the parties’ Stipulation, because this matter does not exceec 9 || $75,000.00, this Court no longer has subject matter jurisdiction and the matter i hereby REMANDED to the Superior Court for the State of California, County o E A Ventura, Case No.: 2024CUPP032257. This Order shall be accorded full force anc 3 effect in the Superior Court of the State of California, County of Riverside, Case No. 13 |) 2024CUPP032257.

IT IS SO ORDERED. 16 A]: yt □□ Vi Dated: January 7, 2025 18 HON. GEORGE H. WU, 19 United States District Judge 20 21 22 23 24 25 26 27 28 Q_

1 PROOF OF SERVICE STATE OF CALIFORNIA, COUNTY OF LOS ANGELES 1. At the time of service, I was at least 18 years of age and not a party to this 4 action. 2. My business address is 15250 Ventura Boulevard, Ninth Floor, Sherman Oaks, 5 CA 91403. 61] 3. Lserved copies of the following documents (specify the exact title of each 7 document served): [PROPOSED] ORDER GRANTING THE PARTIES’ STIPULATION TO 8 CAP PLAINTIFF’S JUDGMENT, AWARD, OR RECOVERY AND TO 9 REMAND 1 4. Iserved the documents listed above in item 3 on the following persons at the 0 addresses listed: 2 Jesse L. Halpern, Esa Attorneys for Plaintiff, THE HALPERN LAW FIRM ESTHER SAHAGUN as 28632 Roadside Drive, Suite 220 3 Agoura Hills, CA 91301 BE Tel: 818-785-5999; 818-609-1342 Se ou Email: [email protected] 26 15 CC. BS Berta Chicoj, Legal Asst. 5 16 Email: [email protected]

5. a X BY ELECTRONIC TRANSMISSION. By e-mailing, the ~ document(s) to the person(s) at the e-mail address(es) listed in item 4 18 pursuant to pron written consent of the party(ies) served. ed.R.Civ.P. “(by 2(E) and (F). I caused the documents to be sent on 19 the date shown below to the e-mail addresses of the persons listed in item 4. No electronic message or other indication that the 0 transmission was unsuccessful was received within a reasonable time after the transmission. 6. served the documents by the means described in item 5 on (date): See below 2211 | declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. *41) 1/6/2025 Belinda A. Porras Beliada >. Porae 25 DATE (TYPE OR PRINT NAME) (SIGNATURE OF DECLARANT) 26 27 T:\35000-000\35357\Pleadings\FEDERAL\Stipulation to Cap Damages and Remand\[Proposed] Order re Stip to Remand.docx 28 _A_