What is the test for a plaintiff to recover damages in a tort action?

2. A plaintiff satisfies this burden by claiming the requisite amount on the face of the complaint, unless it appears to a legal certainty that the plaintiff cannot actually recover the requisite amount. Sanchez v. Monumental Life Ins. Co., 102 F.3d 398, 402 (9th Cir. 1996). The "legal certainty" test applies: (1) to any complaint filed in state court alleging damages above the requisite amount; and (2) to "good faith" complaints filed in federal court alleging damages above the requisite amount. (Id.)