Rosaura Aguirre Cordero v. Walmart Inc.

I. FACTUAL AND PROCEDURAL BACKGROUND

On June 5, 2017, Plaintiff fell while shopping at a Walmart store located in Downey, California, and sustained injuries to her back, right elbow, right shoulder, left foot, and left knee. On April 25, 2019, Plaintiff filed a Complaint against Walmart and Does 1 to 30 in Los Angeles County Superior Court, alleging claims for negligence and premises liability. On November 7, 2019, Plaintiff filed a Doe Amendment to the Complaint naming Nelisa Blackwell as a co- defendant. On November 14, 2019, Walmart filed a Notice of Removal of Action Pursuant to 28 U.S.C. Sections 1332 and 1441(a) and (b) (“Notice of Removal”), alleging that this Court has diversity jurisdiction pursuant to 28 U.S.C. § 1332(a). At the time of removing this action, Walmart was apparently unaware that Plaintiff had filed a Doe Amendment naming Nelisa Blackwell as a co-defendant.1 In its Notice of Removal, Walmart 1 alleged that Plaintiff was a citizen of California and that it was a citizen of Delaware and Arkansas, but failed to allege the citizenship of Defendant Nelisa Blackwell. Plaintiff moves to remand this action, arguing in relevant part that the parties are not…