Florena Fortenberry v. Walmart Inc.
Opinion
trial_court Opinion
I.
INTRODUCTION
On March 17, 2023, plaintiff Florena Fortenberry (“Plaintiff”) filed a Complaint in San Bernardino Superior Court against defendant Walmart, Inc. (“Defendant”), alleging claims of negligence and premises liability following Plaintiff’s slip and fall accident at a Walmart in Colton, California. ECF Docket No. (“Dkt.”) 1-1. On December 20, 2023, Defendant filed a Notice of Removal pursuant to 28 U.S.C. § 1441(a). Dkt. 1. On February 26, 2024, Plaintiff filed a (1) Motion for Leave to File a First Amended Complaint (“FAC”) to join defendant Cheryl Peetz (“defendant Peetz”), a store manager employed by Defendant, and (2) Motion to Remand the Action to State Court. Dkts. 21, 22.
The Court finds these matters appropriate for resolution without oral argument. See FED. R. CIV. P. 78(b); L.R. 7-15. For the reasons set forth below, Plaintiff’s Motion for Leave to File a FAC and Motion to Remand are GRANTED.
II.
RELEVANT BACKGROUND
On January 23, 2022, Plaintiff, a citizen of California, was inside Walmart located at 1120 South Mt. Vernon Avenue in Colton, California (the “Premises”). Dkt. 1-1 Complaint (“Compl.”) at 5; dkt. 1 ¶ 6. While “proceeding with…