Yazmin Gamez v. Walmart Inc.

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

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

ORDER OF REMAND

v. WALMART, INC. et al., Defendants.

After tripping and falling in a Walmart store, Plaintiff Yazmin Gamez filed this action in state court against Defendants Walmart, Inc. (Walmart) and store manager Brooke Doe, alleging claims for negligence and premises liability. Dkt. No. 1-1. Walmart 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 federal jurisdiction over civil actions…