Singh

MEMORANDUM *

In this diversity action for negligence under California law, Satinder Singh appeals from the district court’s judgment, after a bench trial, in favor of Southwest Airlines (“Southwest”). The facts and pri- or proceedings are known to the parties, and are restated here only as needed.

I

A

Singh contends that the district court erred in finding that Southwest had no duty to warn her of the presence of baby vomit on the terminal floor. Because Singh concedes that Southwest neither owned nor leased the area where she slipped and fell, her claim could only succeed if she demonstrated that Southwest controlled the area. See Alcaraz v. Vece, 14 Cal.4th 1149, 1158 , 60 Cal.Rptr.2d 448 , 929 P.2d 1239 (1997). Under Alcaraz , the issue of control is reserved for the trier of fact, see id. at 1171 , 60 Cal.Rptr.2d 448 , 929 P.2d 1239 , and the district court below, in its capacity as the trier of fact, properly determined that Southwest did not exercise control over the area where the inci *551 dent occurred. The terminal walkway was used by the general public to reach departure gates, other airlines’ ticket counters, and other terminal facilities; any use of the walkway by…