Yazmin Gamez v. Walmart Inc.

Good Law
United States District Court, Central District of CaliforniaJune 8, 20232:23-cv-04166California708 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

YAZMIN GAMEZ, Case No. 2:23-cv-04166-SB-KS

Plaintiff,

ORDER TO SHOW CAUSE RE:

v.

SUBJECT MATTER

WALMART, INC. et al., JURISDICTION

Defendants.

After tripping and falling in a Walmart store, Plaintiff Yazmin Gamez filed this action in state court against Defendants Walmart, Inc. and store manager Brooke Doe, alleging claims for negligence and premises liability. Dkt. No. 1-1. Walmart, Inc. removed the case based on diversity. Dkt. No. 1. The notice of removal asserts that Plaintiff is a citizen of California and that Walmart, Inc. is a citizen of Delaware and Arkansas, but it makes no mention of Defendant Brooke Doe, who is alleged to be a California resident.

Federal courts have a duty to assess whether federal subject-matter jurisdiction exists, sua sponte if necessary. Allstate Ins. Co. v. Hughes, 358 F.3d 1089, 1093 (9th Cir. 2004); see also Ruhrgas AG v. Marathon Oil Co., 526 U.S. 574, 583 (1999) (“Article III generally requires a federal court to satisfy itself of its jurisdiction over the subject matter before it considers the merits of a case”). Section 1332 provides for…

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