Summary
The United States District Court for the Central District of California denied Plaintiff Ramon Canales’s motion to remand and motion to strike in an employment discrimination action removed from state court. The court held that complete diversity existed because Plaintiff was a California citizen and the defendants were Michigan citizens, and that the amount in controversy exceeded $75,000 based on lost wages and employment benefits.
Holdings
- Complete diversity existed because Plaintiff was a citizen of California, the individual defendants were citizens of Michigan, and Webasto was a citizen of Michigan based on its incorporation and principal place of business there.
- Defendants established by a preponderance of the evidence that the amount in controversy exceeded $75,000.
- The motion to strike was denied as moot because the court did not rely on the challenged evidence beyond the evidence sufficient to establish jurisdiction.
- Plaintiff's request for fees and costs associated with remand was denied, and Defendants' request for sanctions and fees concerning the motion to strike was declined at that juncture.
Questions Presented
- Whether complete diversity existed between Plaintiff, a California citizen, and Defendants, Michigan citizens, for purposes of diversity jurisdiction and removal.
- Whether Defendants established by a preponderance of the evidence that the amount in controversy exceeded $75,000.
- Whether Plaintiff's motion to strike evidence submitted in opposition to remand should be granted.
- Whether Plaintiff was entitled to attorney's fees and costs incurred in seeking remand.
Disposition
other
Cases Cited (12)
- Prize Frize, Inc. v. Matrix, Inc., 167 F.3d 1261, 1265 (9th Cir. 1999)(followed)
- Gaus v. Miles, Inc., 980 F.2d 564, 566 (9th Cir. 1992)(followed)
- Shamrock Oil & Gas Corp. v. Sheets, 313 U.S. 100, 108-09 (1941)(followed)
- Caterpillar Inc. v. Lewis, 519 U.S. 61, 68 (1996)(followed)
- Kanter v. Warner-Lambert Co., 265 F.3d 853, 857 (9th Cir. 2001)(followed)
- Hertz Corp. v. Friend, 559 U.S. 77, 92-93 (2010)(followed)
- Fritsch v. Swift Transportation Co. of Arizona, LLC, 899 F.3d 785, 793, 795 (9th Cir. 2018)(followed)
- Lewis v. Verizon Communications Inc., 627 F.3d 395, 400 (9th Cir. 2010)(followed)
- Campbell v. Vitran Express, Inc., 471 F. App'x 646, 648 (9th Cir. 2012)(followed)
- Dart Cherokee Basin Operating Co. v. Owens, 574 U.S. 81, 82, 89 (2014)(followed)
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Cited In (0)
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Court Document
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