Kimberly Bailey v. Extended Stay America, Inc.

I. Background

On June 27, 2019 Kimberly Bailey (‘Plaintiff’) filed this action in the Los Angeles County Superior Court asserting claims for general negligence and premises liability against Extended Stay America, Inc. (“Defendant”). See generally Complaint (“Complaint”), Docket No. 1-1. Plaintiff alleges that on March 4, 2018, while staying as a guest at an Extended Stay America hotel in Gardena, CA, she was injured when she slipped and fell on the bathroom floor as a result of water that had leaked from the sink and/or toilet. See Complaint at 11. The Complaint indicates that damages exceeds $25,000, but it does not contain any averment as to the amount of damages although it does contain a page wherein she has checked-off that she has suffered “wage loss,” “hospital and medical expenses,” “general damages,” “loss of earning capacity,” and “other damage.” Jd. at 10. On October 8, 2019, Defendant removed the case to this Court based on diversity jurisdiction, alleging that Plaintiff is a citizen of California and Defendant is a Delaware corporation with its principal place of business in North Carolina. See …