Diana Pauline Avila v. National Distribution Center, LLC

Summary

The United States District Court for the Central District of California denied Diana Pauline Avila’s motion to remand an employment-related action to state court. The court held that complete diversity existed and that defendants established an amount in controversy exceeding $75,000 based principally on projected past lost wages, thereby establishing diversity jurisdiction.

Holdings

1. Complete diversity existed because Plaintiff was a California citizen and Defendants were alleged to be Delaware-organized entities with citizenship in states other than California.
2. Defendants established by a preponderance of the evidence that the amount in controversy exceeded $75,000 because Plaintiff's projected past lost wages alone totaled $80,010.40, based on a $19.42 hourly wage and a 40-hour workweek over 103 weeks.
3. Potential mitigation of damages did not reduce the amount in controversy because mitigation is an affirmative defense and Plaintiff submitted no evidence of mitigation.

Questions Presented

1. Whether complete diversity of citizenship existed between Plaintiff and Defendants.
2. Whether Defendants established by a preponderance of the evidence that the amount in controversy exceeded $75,000 for purposes of diversity jurisdiction.
3. Whether potential mitigation of damages reduced the amount in controversy at the time of removal.

Disposition

other