Smith v. Home Depot U.S.A., Inc.

Good Law
United States District Court, Northern District of CaliforniaNovember 18, 20243:24-cv-06416California993 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 GLORIA SMITH, Case No. 24-cv-06416-SI

Plaintiff,

ORDER RE MOTION TO REMAND

v. AND MOTION TO AMEND

HOME DEPOT U.S.A., INC., et al., Re: Dkt. Nos. 15, 16 Defendants.

12 13 Before the Court is plaintiff’s motions to amend her complaint and remand the case to state court. Dkt. Nos. 15-16. For the reasons stated below, the Court GRANTS both motions and REMANDS the case to Alameda County Superior Court. 17 BACKGROUND Plaintiff Gloria Smith alleges she was injured on September 1, 2022, at Home Depot in San Leandro, California when a tile fell from a shelf onto her right hand while an employee was re- stocking shelves. Dkt. No. 16 (“Mot. to Remand”) at 3. Plaintiff was not introduced to a store manager or made aware of the store manager’s name at the time of the incident, nor does she know the name of the employee who was stocking shelves when the tile fell on her hand. Id. Plaintiff …

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