Maria Gutierrez De Paredes v. Walmart Inc.
Opinion
Trial Court Opinion
I. INTRODUCTION
On September 12, 2019, Maria Gutierrez de Paredes (“Plaintiff”) filed a Complaint in the Superior Court of California for the County of Los Angeles against Walmart Inc. (“Defendant” or “Walmart”) alleging negligence and premises liability. On September 10, 2020, Defendant removed the case to this Court on the basis of diversity jurisdiction under 28 U.S.C § 1332. Presently before the Court is Plaintiff's Motion to Remand. For the following reasons, the Court GRANTS Plaintiff's Motion, REMANDS this matter to the Los Angeles County Superior Court, and DENIES Plaintiffs request for attorneys’ fees. Il. FACTUAL BACKGROUND Plaintiff alleges that on October 7, 2017, Plaintiff was shopping at a Walmart store when she slipped on a liquid and fell. As a result of her fall, Plaintiff injured her head, neck, back, knee, and hip. This lawsuit followed. On October 7, 2019, while this action was pending in state court, Defendant served Plaintiff a Request for a Statement of Damages to ascertain the extent of Plaintiff's damages. On December 9, 2019, Defendant received Plaintiff's discovery responses in which Plaintiff described facts supporting her…