Mark Remme v. Walmart, Inc.
Opinion
Trial Court Opinion
I. Background
This is a premises liability action, concerning Plaintiff Mark Remme’s injury on the premises of Defendant Walmart Inc. Notice of Removal (“Notice”) (Dkt. 1), see also First Amended Complaint (“FAC”) (Dkt. 1–1). Plaintiff alleges that Defendants created “perilous and unsafe conditions,” namely wet floors with a puddle of water or liquid, causing the Plaintiff to fall and sustain injuries. See FAC ¶ 8-12.
Plaintiff originally filed suit in the Superior Court of California, County of Orange, on August 16, 2022. Notice at 2. On January 17, 2023, Plaintiffs filed a First Amended Complaint. See generally FAC. On June 27, 2023, Defendant removed the action to this Court. See generally Notice.
CIVIL MINUTES – GENERAL
Case No. 8:23-cv-01153-DOC-DFM Date: September 28, 2023 Page
II. Legal Standard
“If at any time before final judgment it appears that the district court lacks subject matter jurisdiction, the case shall be remanded.” 28 U.S.C. § 1447(c). Removal of a case from state court to federal court is governed by 28 U.S.C. § 1441, which provides in relevant part that “any civil action brought in a State court of which the district courts of…