Jinhui Kim v. Walmart, Inc.

Case 2:22-cv-08380-SB-PVC Document Filed 01/13/ Page 1 of Page ID #:350

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

JINHUI KIM, Case No. 2:22-cv-08380-SB-PVC

Plaintiff,

v. ORDER DENYING PLAINTIFF’S

MOTION TO REMAND

WALMART, INC. et al.,

Defendants.

Plaintiff Jinhui Kim brought this case in state court alleging that Defendant Walmart, Inc. sells children’s toys that contain dangerously high levels of chemicals called phthalates in violation of California’s consumer protection statutes. Defendant removed on the basis of diversity jurisdiction. Dkt. No. 1. After Defendant moved to dismiss, Dkt. No. 12, Plaintiff filed her First Amended Complaint (FAC), Dkt. No. 16. Currently before the Court is Plaintiff’s motion to remand, which is based on Defendant’s purported failure to demonstrate that the Court has jurisdiction over Plaintiff’s equitable claims. Dkt. No. 18. Since Plaintiff’s motion conflates distinct legal issues and fails to present valid grounds for remand, the motion is denied.

I.

Plaintiff filed this case in state court on October 6, 2022. Dkt. No. 1 ¶ 1. Plaintiff served…