Don Patrick v. HP Communications, Inc.

• Court: District Court, C.D. California
• Decided: March 2, 2023
• Docket: 5:23-cv-00317
• Status: Unknown

Opinion

Case 5:23-cv-00317-CJC-SP Document 9 Filed 03/02/23 Page 1 of 2 Page ID #:94

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA

CIVIL MINUTES – GENERAL

Case No. EDCV 23-00317-CJC (SPx) Date: March 2, 2023

Title: DON PATRICK V. HP COMMUNICATIONS, INC. ET AL.

PRESENT:

HONORABLE CORMAC J. CARNEY, UNITED STATES DISTRICT JUDGE

Rolls Royce Paschal N/A Deputy Clerk Court Reporter

ATTORNEYS PRESENT FOR PLAINTIFF: ATTORNEYS PRESENT FOR DEFENDANT:

None Present None Present

PROCEEDINGS: (IN CHAMBERS) ORDER TO SHOW CAUSE WHY THIS ACTION SHOULD NOT BE REMANDED FOR LACK OF SUBJECT MATTER JURISDICTION

Sunbelt Rentals, Inc., removed this action from the Superior Court of California, County of Riverside, on February 24, 2023, asserting diversity jurisdiction. (See Dkt. 1 [Notice of Removal, hereinafter “Notice”].) The original complaint involves negligence claims by Don Patrick, individually and as parent and next friend of B.P., a minor, against HP Communications, Inc., and Rudy Gamboa. (See Dkt. 1-3 Ex. 1A.) HP Communications, Inc., later filed a “cross-complaint” against Sunbelt Rentals for indemnification, apportionment of fault and contribution, equitable indemnification, and declaratory relief. (See id.) Sunbelt Rentals appears to be a third-party defendant, since it was brought into the action as a defendant to claims by HP Communications and Gamboa, themselves defendants to claims by Patrick. However, “third-party defendants cannot remove a case, as they do not fall under the meaning of ‘defendant’ for the purposes of the removal statute.” 3S Network, Inc. v. Zenisco, Inc., No. 21-cv-971, 2021 WL 5998026, at *2 (W.D. Wash. Dec. 20, 2021) (citing Home Depot U.S.A., Inc. v. Jackson, 139 S. Ct. 1743, 1749 (2019)). // // // // Case 5:23-cv-00317-CJC-SP Document 9 Filed 03/02/23 Page 2 of 2 Page ID #:95

Case No. EDCV 23-00317-CJC (SPx) Date: March 2, 2023 Page 2

Accordingly, the parties are hereby ORDERED to show cause why this action should not be remanded for lack of subject matter jurisdiction. Each party shall file a written response to this Order by March 20, 2023.

jso

MINUTES FORM 11 CIVIL-GEN Initials of Deputy Clerk RRP