Michelle Gershen v. Safeco Insurance Company of America

I. INTRODUCTION

Defendant Safeco Insurance Company of America moves to remand this case to Riverside County Superior Court. [Dkt. 10]. Plaintiff Michelle Gershen did not oppose. Having reviewed Gershen’s arguments, relevant legal authority, and record in this case, the unopposed motion is GRANTED.

II. BACKGROUND

This case is a breach-of-contract case related to a home insurance policy. In March 2023, a fire substantially damaged Gershen’s home. She submitted a claim to Safeco under her insurance policy, which she alleges Safeco breached by failing to pay for the full restoration of her home. Gershen seeks an unspecified amount of compensatory damages, general damages, punitive or exemplary damages, attorneys’ fees and costs, and prejudgment costs. [Dkt. 1-1, Compl. at 12–13]. Safeco removed this case from Riverside County Superior Court, alleging this Court has diversity jurisdiction over the case. [Dkt. 1-1, Not. of Removal ¶¶ 7–8]. Relevant here, Safeco alleges the amount in controversy exceeds the $75,000 jurisdictional threshold. [Id. ¶¶ 7–8]. It alleges that “Safeco prepared a repair estimate in the amount of $383,764.52[,] and Plaintiff’s contractor prepared…