Tapia
Tapia v. Burlington Coat Factory of Texas, Inc.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 MARIA LAURA FLORES TAPIA, Case No. 1:23-cv-01294 JLT CDB
Plaintiff, ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS TO GRANT
v. PLAINTIFF’S MOTION FOR LEAVE TO
AMEND AND REMAND
BURLINGTON COAT FACTORY OF TEXAS, INC. et al. (Docs. 22, 23, 37) 15 Defendants. 16 Maria Laura Flores Tapia initiated this action by filing a complaint in Kern County Superior Court, seeking to hold the defendants liable for injuries she sustained when she slipped and fell in the Burlington Coat Factory store located in Bakersfield, California. (Docs. 1 at 5-6.) Burlington removed the action to the federal court, asserting this Court has diversity jurisdiction pursuant to 28 U.S.C. § 1332. (Doc. 1.) Plaintiff seeks to amend the complaint to identify one of the fictitious defendants as Tyler Wacthorn—an employee of Burlington, “who was tasked with customer service safety”— and remand the action to the state court. (Doc. 22-1 at 2.) The assigned magistrate…