CUENNTITREADL S DTIASTTERSIC DTI SOTFR CICATL ICFOOURRNTIA CIVIL MINUTES - GENERAL Case No. 2: 20-cv-06592-RGK-SP Date August 7, 2020 Title LIMA v. COSTCO WHOLESALE CORPORATION

Present: The R. GARY KLAUSNER, U.S. DISTRICT JUDGE Honorable Sharon L. Williams (not present) 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 June 24, 2020, Costco Wholesale Corporation (“Defendant”) was served with a complaint filed by Patricia Lima (“Plaintiff”). The complaint alleges a personal injury claims for injuries resulting from a slip and fall accident occurring at a Costco store. On July 24, 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). Whether or not the plaintiff challenges these allegations, a court may still insist that the jurisdictional requirement has been established by a preponderance of the evidence. Guas v. Miles, Inc.,

, 566–67 (9th Cir. 1992). In its Notice of Removal, Defendant merely states that Plaintiff alleges “severe injuries” and declines to limit her damages to $75,000 or less. Given the nature of the action, and the facts pled, the Court finds that the grounds on which Defendant relies to assert federal jurisdiction fail to plausibly allege that the amount in controversy exceeds the jurisdictional threshold. CUENNTITREADL S DTIASTTERSIC DTI SOTFR CICATL ICFOOURRNTIA CIVIL MINUTES - GENERAL Case No. 2: 20-cv-06592-RGK-SP Date August 7, 2020 Title LIMA v. COSTCO WHOLESALE CORPORATION In light of the foregoing, the action is hereby remanded to state court for all further proceedings.

IT IS SO ORDERED.

: Initials of Preparer