Velasquez v. Family Dollar, Inc. ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 VIRGINIA RANGEL VELASQUEZ, Case No. 1:23-cv-01461-JLT-SKO [Tulare County Superior Court Case No. 12 Plaintiff, VCU294743] 13 v. [PROPOSED] ORDER GRANTING 14 FAMILY DOLLAR, INC., and DOES THE PARTIES’ STIPULATION TO 1 to 25, CAP PLAINTIFF’S JUDGMENT, 15 AWARD, OR RECOVERY AND TO Defendants. REMAND 16 _____________________________________ Complaint Filed: December 27, 2022 17 AND RELATED CROSS-ACTION. 18 19 20 The Court, having read and considered the Parties’ Stipulation to Cap 21 Plaintiff’s Judgment, Award, or Recovery and to Remand, hereby ORDERS as 22 follows: 23 I. BACKGROUND 24 On or about December 27, 2022, Plaintiff VIRGINIA RANGEL 25 VELASQUEZ (hereinafter “Plaintiff”) commenced the above-entitled civil action in 26 the Superior Court for the County of Tulare by filing a Complaint therein entitled 27 Virginia Rangel Velasquez v. Family Dollar, Inc., and DOES 1 to 25, Case No. 28 1 VCU294743. Plaintiff’s Complaint for personal injury arises from an alleged 2 incident on February 20, 2021, at defendant FAMILY DOLLAR, INC.’s (“Family 3 Dollar”) store in Tulare, California. 4 On September 13, 2023, plaintiff, by and through her counsel of record, made 5 a written Statement of Damages alleging $6,684.00 in past medical expenses, and 6 $200,000.00 in general damages. Based on this, Family Dollar determined that the 7 amount in controversy exceeded the $75,000.00 statutory minimum. Accordingly, 8 Family Dollar removed the matter to federal court pursuant to 28 U.S.C. §§1332, 9 1441, and 1367, on October 12, 2023. 10 The parties have now agreed and stipulated to limit any and all recovery of 11 damages by plaintiff VIRGINIA RANGEL VELASQUEZ to $74,999.99 or less, as 12 evidenced by the Stipulation to Cap Plaintiff’s Judgment, Award, or Recovery and 13 To Remand, executed by plaintiff VIRGINIA RANGEL VELASQUEZ and 14 defendant FAMILY DOLLAR, INC., by and through their attorneys of record. 15 Accordingly, the parties request an order from this Court remanding the case to the 16 Tulare County Superior Court, Case No. VCU294743. 17 II. ANALYSIS 18 United States Code, Title 28, Section 1447(c), provides that “[i]f at any time 19 before final judgment it appears that the district court lacks subject matter 20 jurisdiction, the case shall be remanded.” (Emphasis added). In light of the parties’ 21 stipulation limiting any and all recovery by Plaintiff to $74,999.99 or less, this Court 22 lacks subject matter jurisdiction and must, therefore, remand the case to state court 23 pursuant to 28 U.S.C. § 1447(c). See Bruns v. NCUA 122 F.3d 1251, 1257 (9th Cir. 24 1997) (“Section 1447(c) is mandatory, not discretionary.”) 25 III. ORDER OF THE COURT 26 1. Plaintiff’s total recovery, if any, from Defendant FAMILY DOLLAR, 27 INC. for any injuries, damages, harms, or losses resulting from the alleged incident 28 that occurred on Defendant’s premises on or about February 20, 2021, and which are 1|| the subject of the within action (including formerly Tulare County Superior Court 2|| Case No.: VCU294743) (the “Litigation), including but not limited to economic and 3|| non-economic damages as well as any award of attorneys’ fees and costs of suit 41! (including any award of costs for the services of expert witnesses), is hereby capped 5|| at $74,999.99. 6 2. If any judgment or award, entered in her favor and against Defendan FAMILY DOLLAR, INC., in the Litigation should exceed $74,999.99, inclusive o 8|| any award of attorneys’ fees and costs of suit (including any award of costs for the 9|| services of expert witnesses) Plaintiff has knowingly and voluntarily waived the righ to claim that portion of her final judgment or award which exceeds $74,999.99, 11 3. Should any judgment or award, inclusive of any award of attorneys’ fee: 2 = 121) and costs of suit (including any award of costs for the services of expert witnesses) be : E 13|| entered in her favor and against Defendant FAMILY DOLLAR, INC. in the Litigation 4 141) in excess of $74,999.99, Plaintiff shall execute any necessary documents to reduce □□□ 15|) such award or judgment to $74,999.99, and is barred from executing on any amoun 3 16|) of the award or judgment in excess of $74,999.99. 17 4. Pursuant to the parties’ Stipulation, because this matter no longer exceed: $75,000.00, this Court no longer has subject matter jurisdiction and the matter i: 19|| hereby REMANDED to the Superior Court for the State of California, County o 20|| Tulare, Case No.: vcu294743. This Order shall be accorded full force and effect in the 21}| Superior Court of the State of California, County of Tulare, Case No.: VWCU294743. 22 5. All pending dates in the Federal action are hereby vacated. 23 24 || IT IS SO ORDERED. 25 Dated: _ November 8, 2023 : 6 Cin WpAL DISTRICT JUDGE 27 28 _