Maria Samodio-Rodriguez v. Walmart Inc.

I. BACKGROUND

This case concerns an alleged slip-and-fall incident that occurred at a Walmart store in Rosemead, California. Plaintiff allegedly slipped and fell on water that was left on the floor of the store. (Motion, at 5). Plaintiff filed suit in Los Angeles County Superior Court (Case No: 20STCV45824) against Defendant Walmart and Does 1-100. (Id.; see Dkt. 1-3). On June 18, 2021, Defendant removed this action to federal court based on diversity jurisdiction. (Dkt. 1).

Plaintiff now asks the Court for leave to file a First Amended Complaint naming the Walmart store manager, Edward Ramirez, and Walmart asset protection manager, Belinda Morales, as defendants for their alleged failure to “ensur[e] that Walmart’s floors were free of any hazardous conditions at all times.” (Motion, at 6). Plaintiff alleges she did not know the identity of these employees when she filed the Complaint. (Id.). Plaintiff further requests that the Court remand the case to state court because Ramirez and Morales are both California citizens and joining them as parties would defeat diversity jurisdiction. (Id. at 7).

II. LEGAL STANDARD

Under 28 U.S.C. § 1447(e), “[w]hen a plaintiff tries…