Epes
Fatima Epes v. Walmart, a business organization of unknown status; Dorismas Cervantes; and Does 1–500, inclusive
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 9 FATIMA EPES, No. 2:25-cv-02982-JAM-JDP Plaintiff, v. ORDER DENYING MOTION TO REMAND WALMART, a business organization of unknown status; DORISMAR CERVANTES; and DOES 1–500, inclusive, 15 Defendants. 16 17 Plaintiff Fatima Epes, who alleges she slipped and fell at a Walmart store in 2023, initially brought this personal injury action in the Solano County Superior Court on June 25, 2025. Defendant Walmart Inc. (“Walmart”) removed this action under diversity jurisdiction on October 15, 2025, arguing that the $75,000 amount in controversy was satisfied and that the Parties were diverse as Plaintiff had fraudulently joined Defendant Dorismar Cervantes, the sole California defendant. Plaintiff now moves to remand this case, arguing that she has a viable negligence claim against Cervantes such that her joinder is not fraudulent. For the reasons discussed below, the Court finds that Plaintiff cannot plausibly allege any negligence…