Lanyice Delay v. Wal-Mart Associates, Inc. et al.

I. FACTUAL AND LEGAL BACKGROUND

Plaintiff Lanyice Delay worked as a Digital Personal Shopper at Wal-Mart in Hesperia, California beginning in April 2024. [Dkt. No. 1-1 at 4, “Complaint”]. Around February of 2025, Plaintiff alleges hearing various derogatory and racist comments made by her coworkers that she found demeaning and threatening. [Complaint at 5]. Despite Plaintiff’s attempts to escalate these concerns by filing a written report with her supervisor Juan Guerra, Plaintiff alleges Defendants Guerra Page 1 of CIVIL MINUTES—GENERAL Initials of Deputy Clerk iv and Wal-Mart took no remedial steps to investigate the allegedly hostile work environment. [Id. at 6]. On August 14, 2025, Plaintiff filed the underlying suit against Defendants Wal-Mart and Juan Guerra in the San Bernardino County Superior Court, bringing various state law claims arising from this conduct. [See generally Complaint]. Defendant Wal-Mart (“Wal-Mart”) removed the suit to federal court on September 19, 2025, on the basis of diversity jurisdiction. [See Dkt. No. 1, “Notice of Removal”]. In the Notice of Removal, Defendant Wal-Mart contends that Defendant Juan Guerra (“Guerra”) is a “sham…