Layhee v. Fratila

Background

Darcie Layhee filed a personal-injury lawsuit against Bogdan-Cristian Fratila in San Francisco County Superior Court on April 5, 2019. She alleged that, on October 14, 2018, Fratila made an unexpected U-turn while driving a rental car, causing Layhee, who was riding a motorcycle behind him, to collide with the vehicle. Layhee alleged serious injuries, including a below-knee amputation, and sought compensatory damages according to proof.

The state-court complaint listed wage loss, medical and hospital expenses, property damage, loss of earning capacity, general damages, and other losses, but did not state a specific total amount. On May 24, 2019, Layhee sent Fratila materials that included a photograph showing her in a hospital bed after the amputation. Her later discovery responses described the amputation and other injuries, the need for lifelong prosthetic-leg fittings, and anticipated home nursing services. On August 2, 2019, she reported that her medical expenses exceeded $50,000 and continued to increase. On August 13, she made a $2 million offer to compromise. Fratila removed the case to federal court on September 13, 2019, citing diversity jurisdiction.

Motion to Remand

Layhee moved to remand, meaning to return the case to state court. She argued that Fratila’s removal was untimely because he should have known more than thirty days before September 13 that the amount in controversy exceeded $75,000.

The court explained that federal removal law generally provides two thirty-day periods. The first applies when federal jurisdiction is clear from the initial pleading. The second applies when the initial pleading does not show that the case can be removed, but a later pleading, motion, order, or other paper first provides that information. A defendant need not guess, but must use a reasonable amount of intelligence to determine whether the case is removable.

The court found that Fratila should have realized that the amount in controversy exceeded $75,000 once he learned that Layhee had lost her lower leg. The court also relied on the complaint’s claims for wage loss, medical expenses, general damages, property damage, and loss of earning capacity; the additional injuries disclosed in the case-management statement; and medical expenses exceeding $50,000. The court rejected Fratila’s argument that removal was not triggered because Layhee had not identified a specific amount of medical charges or lost earnings. The court stated that a plaintiff need not provide a precise dollar figure when the defendant can reasonably determine that the claim exceeds $75,000.

Disposition

The court granted Layhee’s motion to remand. It remanded the case to San Francisco County Superior Court. Judge Kandis Westmore issued the order, and the court decided the motion without a hearing.