Ablao v. Costco Wholesale Corporation

Filing 11

ORDER REMANDING CASE re 10 Stipulation and Order to Remand Action. Signed by Judge P. Casey Pitts on 11/25/2024. (nmc, COURT USER) (Filed on 11/25/2024)

1 SEAN P. MORIARTY, ESQ. (BAR NO. 196227)
ARLEN LITMAN-CLEPER, ESQ. (BAR NO. 289699)
2 CESARI, WERNER AND MORIARTY
75 Southgate Avenue
3 Daly City, CA 94015
Telephone: [phone]
4 Facsimile: [phone]
[e-mail]
5 [e-mail]
6915-3-13-19
6 Attorneys for Defendant
COSTCO WHOLESALE CORPORATION
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UNITED STATES DISCTRICT COURT

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CALIFORNIA NORTHERN DISTRICT

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BECKY THI HO ABLAO,

Federal Court Case No. 5:24-cv-07151-PCP
(Former SCSC Case No. 24CV446984)

Plaintiff,
vs.

13 COSTCO WHOLESALE CORPORATION, a
Washington Corporation; JOHN DOE; and
14 DOES 1 to 20, inclusive,
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STIPULATION AND ORDER TO
REMAND ACTION

Defendants.

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IT IS HEREBY STIPULATED by and between plaintiff BECKY THI HO ABLAO

19 (“Plaintiff”) and defendant COSTCO WHOLESALE CORPORATION by and through their
20 counsel as follows:
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1. Plaintiff a resident of California, brought the instant action against COSTCO

22 WHOLESALE CORPORATION (“Defendant”), a resident of Washington, in the Superior
23 Court of California, County of Santa Clara.
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2. Plaintiff claims personal injuries arising out of negligence and premises liability

25 causes of action which allegedly occurred on the premises of Defendant’s retail warehouse
26 located in San Jose, California.
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3. Plaintiff acknowledges that she initially claimed damages in excess of $75,000.00.

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-1DEFENDANT COSTCO WHOLESALE CORPORATION’S NOTICE OF REMOVAL OF CIVIL ACTION TO THE U.S. DISTRICT
COURT

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4. Plaintiff hereby agrees and stipulates that her damages, resulting from the alleged
incident that occurred on defendant’s premises located 6898 Raleigh Rd, San Jose, CA 95123
on or about September 23, 2022, that are the subject of the complaint filed on September 11,
2024 in Santa Clara County Superior Court Case No. 24CV446984 are hereby capped at
$74,500.00.
5. Plaintiff hereby agrees and stipulates that if her damages should exceed $74,500.00,
she hereby waives the right to claim such damages as a result of the litigation.
6. Plaintiff hereby agrees and stipulates that if her recovery of damages in the litigation
should exceed $74,500.00, either by verdict or other means, she hereby waives the right to
recover any such damages in excess of $74,500.00.
7. Plaintiff hereby agrees and stipulates that should any award or judgment be rendered
or entered against defendant with damages in excess of $74,500.00, she will execute any
necessary documents to reduce such award or judgment to $74,500.00 in damages and will
not execute on any award or judgment in excess of $74,500.00 in damages.
8. The parties hereby agree that because the amount in controversy in this matter does
not exceed $75,000.00, federal subject matter jurisdiction is lacking.
9. THEREFORE, The parties agree that in light of their agreement to cap Plaintiffs’
damages at $74,500.00, the matter shall be remanded to the Superior Court of California,
County of Santa Clara.
10. The parties stipulate and agree that an Order be issued in accordance with this
stipulation.

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Dated November 13
__, 2024

BAUMAN LAW APLC

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By: __________________________

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Geoffrey D. Gasway, Esq.
Attorneys for Plaintiffs

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DEFENDANT COSTCO WHOLESALE CORPORATION’S NOTICE OF REMOVAL OF CIVIL ACTION TO THE U.S. DISTRICT
COURT

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Dated November _15, 2024

CESARI, WERNER & MORIARTY

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By: ___/s/ Arlen Litman-Cleper__________
SEAN P. MORIARTY
ARLEN LITMAN-CLEPER
Attorneys for Defendant
COSTCO WHOLESALE CORPORATION

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Dated November 25
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________________________________
Judge of the U.S. District Court

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DEFENDANT COSTCO WHOLESALE CORPORATION’S NOTICE OF REMOVAL OF CIVIL ACTION TO THE U.S. DISTRICT
COURT

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-4DEFENDANT COSTCO WHOLESALE CORPORATION’S NOTICE OF REMOVAL OF CIVIL ACTION TO THE U.S. DISTRICT
COURT