I. Background
Randy Coates (“Coates”) initiated this litigation against Mobile Revolution, LLC (“Mobile”) and North West Services, Inc. (“NWS”), in December 2018. Default was entered against NWS in January 2019. On April 5, 2019, Coates filed an unverified first amended complaint (“FAC”) alleging breach of contract, negligence, and loss of freight, and named as an additional defendant Natalie Chirskiy (“Chirskiy”), as the personal representative of the Estate of Vitaly Chirskiy. Chirskiy filed an answer on June 7, 2019.
The FAC alleges that the parties entered into an oral contract on March 1, 2017 “in the City of Austin, State of Texas.” (FAC, ¶5.) Under the terms of the contract, Mobile sold a step van to Coates, which it was to convert into a mobile kitchen and deliver to Coates in California. (Ibid.) NWS served as the common carrier selected to transport the step van to California, and Vitaly Chirskiy was the driver. (Coates Decl., p. 3, ll. 12-18.) On August 28, 2018, Mr. Chirskiy