Elizabeth Diaz v. Santa Monica Beach Hotel Corporation

Good Law
United States District Court, Central District of CaliforniaAugust 20, 20202:20-cv-05667California1,588 words

Opinion

Trial Court Opinion

I. BACKGROUND

22 Diaz filed her complaint against Defendants in Los Angeles Superior Court 23 on April 20, 2020. (Dkt. 1-1 at 4–14, “Complaint”). The Complaint asserts four 24 claims against Loews only, as well as one claim against all defendants for 25 harassment in violation of California’s Fair Employment and Housing Act 26 1 (“FEHA”). (See id.). Defendants removed the action on June 25, 2020. (Dkt. 1). Diaz now seeks to remand the case to state court, arguing removal was defective for failure to establish diversity of citizenship, as required by 28 U.S.C. § 1332. (See generally Dkt. 8). 5 II. LEGAL STANDARD Under 28 U.S.C. § 1441(a), a civil action may be removed to the district court where the action is pending if the district court has original jurisdiction over the action. A district court has diversity jurisdiction over any civil action between citizens of different states if the amount in controversy exceeds $75,000, excluding interest and costs. 28 U.S.C. § 1332. Section 1332(a)(1) requires complete diversity, meaning that “the citizenship of each plaintiff is diverse from the citizenship of each…

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