Summary
The Central District of California denied Sara Torres’s motion to remand an employment-related action removed from state court by AT&T. The court held that diversity jurisdiction existed because the amount in controversy exceeded $75,000 based on the plaintiff’s claimed lost wages alone. The court therefore did not address other categories of damages.
Holdings
- The amount in controversy exceeded $75,000 because the plaintiff's alleged lost wages alone were at least $90,641.88 at the time of removal.
- Remand was not warranted because defendant established by a preponderance of the evidence that the amount-in-controversy requirement for diversity jurisdiction was satisfied.
Questions Presented
- Whether the amount in controversy exceeded $75,000 for purposes of diversity jurisdiction and removal under 28 U.S.C. § 1441(a).
- Whether the defendant established the amount in controversy by a preponderance of the evidence based on the plaintiff's alleged lost wages.
Disposition
denied
Cases Cited (9)
- Gunn v. Minton, 568 U.S. 251, 256 (2013)(followed)
- Kokkonen v. Guardian Life Ins. Co. of Am., 511 U.S. 375 (1994)(followed)
- Gonzales v. CarMax Auto Superstores, LLC, 840 F.3d 644, 648 (9th Cir. 2016)(followed)
- Gaus v. Miles, Inc., 980 F.2d 564, 565 (9th Cir. 1992)(followed)
- Gaus v. Miles, Inc., 980 F.2d 564, 567 (9th Cir. 1992)(followed)
- Leite v. Crane Co., 749 F.3d 1117, 1122 (9th Cir. 2014)(followed)
- Harris v. KM Indus., Inc., 980 F.3d 694, 699 (9th Cir. 2020)(followed)
- Ibarra v. Manheim Invs., Inc., 775 F.3d 1193, 1197 (9th Cir. 2015)(followed)
- Chavez v. JPMorgan Chase & Co., 888 F.3d 413, 414-15 (9th Cir. 2018)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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