Hoyt
Hoyt v. Walmart, Inc.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 7 LINDA HOYT, Case No. 1:23-cv-01439-CDB
Plaintiff, ORDER GRANTING PLAINTIFF’S
MOTION TO REMAND CASE TO KERN
v. COUNTY SUPERIOR COURT
WALMART, INC., (Doc. 5)
Defendant.
13 On October 17, 2022, this action was commenced in the Superior Court of the State of 14 California in and for the County of Kern as Case No. BCV-22-102743-JEB. (Doc. 1-1 p. 1). 15 Plaintiff raises a of negligence claim arising out of an incident where she was allegedly struck on 16 the head by a falling 35 - 40-pound box containing a combination car seat and stroller. (Doc. 1 p. 17 1). The alleged incident occurred on the premises of Defendant’s retail store in Bakersfield, 18 California, on or about July 20, 2022. Id. 19 Plaintiff claims the box struck her in the head, neck, and shoulders and caused severe 20 physical injuries, mental pain and suffering, and other general damages “in an amount according 21 to proof.” (Doc. 1-1 p. 2). In the state court, on September 18,…