Francisca Macias v. Sams West Inc.

I.

INTRODUCTION

On January 4, 2024, plaintiff Francisca Macias (“Plaintiff”) filed a Motion to Remand (“Motion”) this action to state court arguing defendant Sams West Inc.’s (“Defendant”) removal of this action was untimely. ECF Docket No. (“Dkt.”) 11. On January 18, 2023, Defendant filed an Opposition and a Declaration of Counsel. Dkts. 12-13. Plaintiff did not file a Reply. The matter thus stands submitted.

Pursuant to Rule 78 of the Federal Rules of Civil Procedure and Local Rule 7-15, the Court finds that these matters are appropriate for decision without oral argument. For the reasons set forth below, the Motion is DENIED.

II.

BACKGROUND

Plaintiff commenced this action by filing a form Complaint in Riverside Superior Court on March 16, 2023. Dkt. 1-2. The allegations in the Complaint are limited to a single sentence stating “Plaintiff was walking down the frozen food aisle as [sic] Sam’s Club in Riverside, California when she slipped and fell on a foreign substance on the floor.” Id. at 4. On April 17, 2023, Defendant was served with a copy of the summons and Complaint. Dkt. 1-1, Declaration of Erin L. Benler- Ward, ¶ 4; Dkt. 11-2, Ex. 1 at 6. On May 17,…