Marie Teresa Acosta Zarate v. Walmart Stores, Inc., et al.

Summary

The court grants Plaintiff Marie Teresa Acosta Zarate’s motion to remand her slip-and-fall action to Los Angeles Superior Court. The court finds that store manager Juan Cruz Nunez was not fraudulently joined because Plaintiff’s negligence claim against him was facially valid and Walmart failed to establish fraudulent joinder by clear and convincing evidence. The court also concludes that the relevant joinder factors support remand.

Holdings

1. Nunez was not fraudulently joined because Plaintiff stated a facially valid negligence claim against him, and Walmart did not prove fraudulent joinder by clear and convincing evidence.
2. California Labor Code section 2802 does not immunize an employee from suit and does not prevent a plaintiff from naming both the employer and employee as defendants.
3. The action had to be remanded to Los Angeles Superior Court because the properly joined California defendant defeated complete diversity and the removal basis was therefore insufficient.

Questions Presented

1. Whether Nunez was fraudulently joined such that his California citizenship should be disregarded for purposes of diversity jurisdiction.
2. Whether Plaintiff's negligence claim against Nunez was facially valid and therefore supported joinder and remand.
3. Whether the relevant joinder factors under 28 U.S.C. § 1447 supported permitting Nunez's joinder and remanding the action.

Disposition

remanded