Ortiz
Ortiz v. Walmart, Inc.
Opinion
Trial Court Opinion
BACKGROUND
21 On May 28, 2020, Plaintiff Rebecca Ortiz (“Plaintiff”) filed a complaint in San 22 Diego Superior Court against Defendant Walmart, Inc. alleging negligence and premises 23 liability for injuries she allegedly sustained while shopping at Defendant’s store located 24 at 2540 Rockwood Avenue in Calexico, California. (Dkt. No. 1-2, Compl.) On 25 November 13, 2020, Defendant removed this action to this Court. (Dkt. No. 1.) On April 26 26, 2021, the Court granted Plaintiff’s motion for leave to file an amended complaint. 27 (Dkt. No. 17.) Plaintiff filed a first amended complaint (“FAC”) against Defendant Walmart, Inc., Cesar Rico (“Rico”), and Julio Galvan (“Galvan”). (Dkt. No. 18.) Defendants Walmart and Rico filed their answers. (Dkt. Nos. 25, 33.) Defendant Gavan filed a motion to dismiss the FAC against him because he was not timely served. (Dkt. No. 34.) No opposition was filed. DISCUSSION Civil Local Rule 7.1.e.2. requires a “party opposing a motion to file an opposition or statement of non-opposition within fourteen calendar days of the noticed hearing. Failure to comply with these rules “may…