Vivian Cruz Paulino v. Walmart Inc.
Opinion
Trial Court Opinion
I.
BACKGROUND
On April 26, 2023, Plaintiff Vivian Cruz Paulino filed this action in San Bernardino County Superior Court asserting claims for negligence and premises liability against Defendants Walmart, Inc. (“Walmart”), Hugo Murillo, Peter Baca, and Todd Hass. Notice of Removal (“NOR”), Ex. A (“Compl.”) [Doc. # 1 at 6]. Walmart removed the action to this Court on May 4, 2023, invoking this Court’s diversity jurisdiction. See NOR ¶ 6 [Doc. # 1].
While at a Walmart store in Highland, California on December 26, 2021, Plaintiff was seriously injured after she slipped and fell “due to spillage on the floor that created an unreasonable risk of harm that Defendants knew or should have known about, and Defendants failed to clean or repair the condition, protect against harm from the condition, or provide adequate warning of the condition.” Compl. ¶ 12. She seeks damages of approximately $812,228.58. NOR ¶ 8. Plaintiff, Murillo, Baca, and Hass reside in California. Compl. ¶¶ 2, 4– 6. Walmart is a citizen of Delaware and Arkansas. NOR ¶ 9. At the time of removal, Murillo, Baca, and Hass had not yet been served. Id. at ¶ 3.