Cilian Henson v. Costco Wholesale Corporation
2:25-cv-03958
| C.D. Cal. | Jul 2, 2025Background:
- Plaintiff Cilian Henson filed suit in Los Angeles Superior Court against Costco and an individual (James Taef) for injuries from a slip-and-fall at a Costco store.
- Plaintiff claimed serious physical and emotional damages arising from Costco’s alleged negligence and lack of warnings.
- Defendant Costco removed the case to federal court on diversity grounds, asserting that Taef was a fictitious (non-existent) defendant.
- Plaintiff moved to remand, arguing the removal was untimely and that diversity did not exist due to the inclusion of Taef.
- Plaintiff also sought to join a non-diverse individual (Eric Sanchez) post-removal, which would destroy federal jurisdiction.
Issues:
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Timeliness of Removal | Costco’s removal notice was untimely; clock ran from discovery responses | Removal clock started when declarations—not just responses—showed removability | Removal was timely; clock ran from declarations |
| Diversity Jurisdiction | Complete diversity lacking due to Taef’s inclusion | Taef is fictitious; parties are completely diverse | Complete diversity existed, Taef disregarded |
| Fraudulent Joinder | No explicit argument after conceding Taef’s non-existence | Taef is fictitious; no claim possible against him | Taef disregarded as fraudulently joined |
| Request to Join Non-Diverse Def. | Joinder/remand required upon request to add Eric Sanchez (destroys diversity) | Court should carefully consider motives and factors before permitting joinder | Joinder denied without prejudice; more briefing required |
Key Cases Cited
- Abrego Abrego v. The Dow Chem. Co., 443 F.3d 676 (9th Cir. 2006) (removal burden is on defendant)
- Gaus v. Miles, Inc., 980 F.2d 564 (9th Cir. 1992) (doubts resolved in favor of remand)
- Harris v. Bankers Life & Cas. Co., 425 F.3d 689 (9th Cir. 2005) (removal triggered by clear jurisdictional facts in plaintiff’s pleadings)
- Grancare, LLC v. Thrower by & through Mills, 889 F.3d 543 (9th Cir. 2018) (fraudulent joinder standard)
- Hunter v. Philip Morris USA, 582 F.3d 1039 (9th Cir. 2009) (presumption against fraudulent joinder)
- Kuxhausen v. BMW Fin. Servs. NA LLC, 707 F.3d 1136 (9th Cir. 2013) (defendants not required to speculate on removability)
- Soliman v. Philip Morris Inc., 311 F.3d 966 (9th Cir. 2002) (fictitious defendants disregarded for diversity)
- McCabe v. General Foods Corp., 811 F.2d 1336 (9th Cir. 1987) (standard for fraudulent joinder)