Gerald Blakeney v. Miles Kristopher Shipps
Opinion
Trial Court Opinion
I. BACKGROUND
On August 19, 2024, Plaintiff Gerald Blakeney (“Plaintiff” or “Blakeney”) commenced this action in Los Angeles County Superior Court. See ECF 1 ¶ 1, at 2. Plaintiff’s First Amended Complaint (“FAC”) was served on Defendant Walmart, Inc. (“Walmart”) on August 27, 2024. ECF 1 (Torres Decl.) ¶ 4, Ex. A (FAC). The FAC alleges that on May 31, 2024, Defendant Miles Christopher Shipps (“Shipps”), in the course of his employment with Walmart, negligently caused a traffic collision with Blakeney’s vehicle, resulting in injury to Blakeney.
FAC ¶¶ 7-8.
On October 14, 2024, Plaintiff served his Statement of Damages for the sum of $500,000 in special damages and $1,000,000 in general damages. Torres Decl. ¶¶ 2, 7, Ex. E. On March 6, 2025, Plaintiff filed a Request for Entry of Default against Shipps, indicating proof of service at an address in Flat Rock, Michigan (the “Flat Rock address”). ECF 11-2 (Koontz Decl.) ¶ 2, Ex. 2. A copy of Plaintiff’s Proof of Service, dated February 26, 2025, indicates that Shipps was served by substituted service at the Flat Rock address. Id. ¶ 1, Ex. 1. On March 13, 2025, Walmart removed this action to federal court, contending that…