Lois Romero v. Wal-Mart, Inc.

I. BACKGROUND

On September 19, 2017, Lois Romero (“Plaintiff”) commenced this personal injury action against Wal-Mart, Inc. (“Wal-Mart”) and Rhonda in California Superior Court for the County of Riverside. (“Complaint,” Dkt. No. (attached as Exhibit A to the “DiNicola Declaration,” Dkt. No. 1-1)). The Complaint asserts two causes of action: (1) premises liability, negligence (two counts), and (2) product liability. (Id. at 4-5.)

While the action was in state court, Plaintiff stipulated to the dismissal of Rhonda, and on November 25, 2019, named Tarkett U.S.A., Inc., (“Tarkett”), Harnix, Corporation (“Harnix”), and Diversey, Inc. (“Diversey”) as Defendants. (DiNicola Decl., Ex. B.) On January 10, 2020, Diversey timely removed the action, on the basis of diversity jurisdiction. (Dkt. No. 1.) 28 U.S.C. § 1332, 1441(b), 1446(b)(1). Plaintiff filed the MTA and MTR on February 12, 2020. (MTA; MTR.) Together, the motions seek to add diversity-destroying defendants and to remand the case. Plaintiff also filed the Declarations of Brett Drouet in support of the Motions. (“Drouet Declaration I,” Dkt. No. 20 (attaching Exhibits A to B); “Drouet Declaration II,” Dkt. No. 22…