Estela Vega v. Walmart Inc.

I. BACKGROUND

On May 18, 2020, Plaintiff filed a Complaint for negligence and premises liability in the Superior Court of the State of California for the County of Kern against Defendants Walmart, Inc. (“Walmart”) and Clinton Faucette. (“Complaint,” Dkt. No. 4-1.) Though Walmart was served with a copy of the Complaint and a summons from the Superior Court on May 19, 2020, as of September 1, 2020, Defendant Faucette had not been served. (“Notice of Removal,” Dkt. No. 1.)

On September 1, 2020, Walmart removed the action to federal court on the basis of diversity jurisdiction. (Notice of Removal.) However, on September 23, 2020—four months after Plaintiff filed her Complaint—Plaintiff, a citizen of California, finally served Defendant Faucette, also a citizen of California. (Dkt. No. 10.) Two days later, Plaintiff filed the Motion to Remand. (Motion.) Walmart opposed the Motion on October 23, 2020 and included a declaration in support of its opposition. (“Opposition,” Dkt. No. 18; “Luna Declaration,” Dkt. No. 19.) The Luna Declaration includes an attached email from Plaintiff’s counsel stating that Plaintiff’s reason for including Mr. Faucette as a Defendant is to keep…