Liliana Gallagher v. Walmart Inc.
Opinion
Trial Court Opinion
I. Background
This is a premises liability action, concerning Plaintiff Liliana Gallagher’s injury on the premises of Defendants Wal-Mart Stores, Inc., Walmart Inc., and Does 1 through 50 (collectively, “Defendants”). Notice of Removal (“Notice”) (Dkt. 1), see also Complaint (“Compl.”) (Dkt. 1–1). Plaintiff alleges that Defendants failed to ensure a tray of dog food cans were securely stocked on a shelf, which subsequently fell on Plaintiff’s head causing injury. See Complaint ¶ 8.
Plaintiff originally filed suit in the Superior Court of California, County of San Bernardino, on March 22, 2023. Compl. On July 21, 2023, Plaintiffs propounded their Statements of Damages on Defendants. Notice ¶ 4. On August 21, 2023, Defendant removed the action to this Court. See generally Notice.
CIVIL MINUTES – GENERAL
Case No. 5:23-cv-01690-DOC-MAR 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…