CUENNTITREADL S DTIASTTERSIC DTI SOTFR CICATL ICFOOURRNTIA CIVIL MINUTES - GENERAL Case No. CV 20-00313-RGK (AGRx) Date January 17, 2020 Title JEAN ESQUIBEL v. COSTCO WHOLESALE CORP.

Present: The R. GARY KLAUSNER, U.S. DISTRICT JUDGE Honorable Sharon L. Williams Not Reported Deputy Clerk Court Reporter / Recorder Attorneys Present for Plaintiffs: Attorneys Present for Defendants: Not Present Not Present Proceedings: (IN CHAMBERS) Order Remanding Action to State Court On September 13. 2019, Jean Esquibel (“Plaintiff”) filed a complaint against Costco Wholesale Corporation, Inc. (“Defendant”) alleging common law claims for premises liability and negligence, based on injuries sustained in an accident at a Costco store. On January 10, 2020, Defendant removed the action to this Court alleging jurisdiction on the grounds of diversity of citizenship. Upon review of Defendant’s Notice of Removal, the Court hereby remands the action for lack of subject matter jurisdiction. Pursuant to

, district courts shall have original jurisdiction over any civil action in which the parties are citizens of different states and the action involved an amount in controversy that exceeds $75,000. After a plaintiff files a case in state court, the defendant attempting to remove the case to federal court bears the burden of proving the amount in controversy requirement has been met. Lowdermilk v. United States Bank Nat’l Ass’n,

(9th Cir. 2007). If the complaint does not allege that the amount in controversy has been met, the removing defendant must plausibly allege in its notice of removal that the amount in controversy exceeds the jurisdictional threshold. Dart Cherokee Basin Operating Co., LLC v. Owens,

(2014). If the plaintiff contests, or the court questions, the defendant’s allegation, the defendant must establish that the jurisdictional requirement has been met by a preponderance of the evidence. Guas v. Miles, Inc.,

, 566–67 (9th Cir. 1992). In her complaint, Plaintiff seeks compensatory damages and actual damages. In support of its removal, Defendant merely lists the type of damages Plaintiff seeks, the type of physical injury Defendant believes Plaintiff suffered, then conclusorily states that a conservative estimate of damages sets the amount in controversy over the $75,000. CUENNTITREADL S DTIASTTERSIC DTI SOTFR CICATL ICFOOURRNTIA CIVIL MINUTES - GENERAL Case No. CV 20-00313-RGK (AGRx) Date January 17, 2020 Title JEAN ESQUIBEL v. COSTCO WHOLESALE CORP. Defendant’s notice merely speculates, without even an attempt to calculate damages. The Court is unable to find a plausible allegation that the amount in controversy has been met. Accordingly, the Court is not satisfied that Defendant has satisfied its burden of showing by a preponderance of the evidence, that the amount in controversy meets the jurisdictional requirement. In light of the foregoing, the action is hereby remanded to state court for all further proceedings. IT IS SO ORDERED.

: Initials of Preparer