Christine G. Marquez v. Walmart Inc.

I. BACKGROUND

This is a slip-and-fall case. On April 19, 2022, Plaintiff filed a complaint in San Bernardino County Superior Court alleging premises liability and negligence against Defendants Walmart, Inc. (“Walmart”) and Does 1 to 50. (“Complaint,” Dkt. No. 1-1.) On September 1, 2022, Plaintiff amended the Complaint to include Sam Tarabey (“Tarabey”) as a Doe defendant. (Boris Decl. ¶ 3; Vue Decl. ¶ 4.) On December 13, 2022, Walmart was served with the Complaint. (Boris Decl. ¶ 4; Vue Decl. ¶ 5.) Tarabey has not yet been served. (Motion at 6.)

On January 12, 2023, Walmart removed the action to this Court. (“Notice of Removal,” Dkt. No. 1.) On February 8, 2023, Plaintiff filed the Motion. In support of the Motion, Plaintiff submitted a declaration of Alexander B. Boris. (“Boris Decl.,” Dkt. No. 11 at 10–11.) On March 6, 2023, Walmart opposed the Motion. (“Opposition,” Dkt. No. 14.) In support of the Opposition, Walmart submitted a declaration of Cecile Vue (“Vue Decl.,” Dkt. No. 14-1) and a declaration of Sam Tarabey (“Tarabey Decl.,” Dkt. No. 14-2).

II. LEGAL STANDARD

Federal courts have limited jurisdiction, “possessing only that power authorized by…