Jose Juan Diaz, Jr. v. Walmart Inc.

I. BACKGROUND

On August 31, 2021, Juan Jose Jr. Diaz (“Plaintiff” or “Mr. Diaz”) filed a complaint against Walmart in the Superior Court of California for the County of San Bernardino. (“Complaint,” Dkt. No. 1-2.) The Complaint asserts five causes of action: (1) disability discrimination in violation of the Fair Employment and Housing Act (“FEHA”); (2) hostile work environment in violation of FEHA; (3) failure to prevent discrimination and retaliation in violation of FEHA; (4) failure to engage in the interactive process in violation of FEHA; and (5) failure to accommodate in violation of FEHA. (Complaint.) The summons was issued and filed on September 29, 2021. (Dkt. 1-1 at 40.) Walmart contends that Plaintiff delivered a copy of the Complaint and the summons on Walmart’s agent for service of process on December 9, 2021. (Removal ¶ 42.) Walmart removed to this Court on January 7, 2022 on the basis of diversity jurisdiction. (Removal.) Page 1 of CIVIL MINUTES—GENERAL Initials of Deputy Clerk NP Case 5:22-cv-00045-JGB-KK Document Filed 02/08/ Page 2 of Page ID #:132

II. LEGAL STANDARD

Pursuant to 28 U.S.C. § 1441(a), a defendant may remove a…