Alexander Garcia v. ABM General Services, Inc., ABM Industries, Inc., and Does 1 to 100, inclusive

Summary

The United States District Court for the Central District of California grants Plaintiff Alexander Garcia’s motion to remand an employment wage-and-hour class action to Los Angeles County Superior Court. The court concludes that Defendants failed to establish by a preponderance of the evidence that the amount in controversy exceeded the Class Action Fairness Act’s $5 million threshold, but denies Garcia’s request for attorneys’ fees because removal was objectively reasonable.

Holdings

1. Defendants failed to establish by a preponderance of the evidence that the amount in controversy exceeded $5,000,000.
2. Defendants' assumed 100% and alternative 20% violation rates were unsupported and facially unreasonable for purposes of proving the amount in controversy.
3. Garcia was not entitled to attorney fees because defendants had an objectively reasonable basis for removal.

Questions Presented

1. Whether defendants established by a preponderance of the evidence that the amount in controversy exceeded CAFA's $5,000,000 jurisdictional threshold.
2. Whether defendants' assumed violation rates for wage-statement and waiting-time claims were supported by the complaint or other evidence.
3. Whether Garcia was entitled to attorney fees under 28 U.S.C. § 1447(c) after remand.

Disposition

remanded