Gerald Blakeney v. Miles Kristopher Shipps

Good Law
United States District Court, Central District of CaliforniaApril 29, 20252:25-cv-02254California1,473 words

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…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.