Maria de la Luz Aguilar v. Walmart Inc.

I. INTRODUCTION & BACKGROUND

22 23 Plaintiff Maria de la Luz Aguilar slipped and fell on fruit on the floor of a Walmart 24 store in La Palma, California. (Dkt. 1-1 [Complaint] at 4.) In this products liability and 25 premises liability case filed in state court, she alleges Defendants Walmart Inc. 26 (“Walmart”) and its employees Steven Avelar and Evelyn Lyvia Lohnig were negligent 27 because they failed to adequately maintain, manage, and operate the Walmart store. (Id. at 1–5.) As damages, Plaintiff seeks wage loss, hospital and medical expenses, general damage, and loss of earning capacity. (Id. ¶ 11.) Consistent with California law, the Complaint does not specify a particular amount of damages, instead reflecting only that Plaintiff seeks more than $25,000. (Id. at 1); see Cal. Code Civ. Proc. § 425.10(b) (providing “the amount demanded shall not be stated” in a complaint “where an action is brought to recover actual or punitive damages for personal injury”). However, along with the Complaint, Plaintiff served Walmart with a statement of damages indicating that she seeks $3 million in damages for pain, suffering, and inconvenience,…