Summary
The court denied the plaintiffs’ motion to remand an action involving alleged defects in solar panels, state breach-of-contract claims, and federal Truth in Lending Act claims. The court held that removal was proper based on federal-question jurisdiction and that the defendants had also demonstrated diversity jurisdiction and an amount in controversy exceeding $75,000.
Holdings
- Remand was not warranted because the initial removal was proper based on the federal claims, and defendants also demonstrated diversity jurisdiction over the action.
- Defendants established diversity jurisdiction because the parties were citizens of different states and the amount in controversy exceeded the $75,000 jurisdictional threshold.
- Plaintiffs were not entitled to fees under 28 U.S.C. § 1447 because the removal was proper.
Questions Presented
- Whether the case should be remanded after plaintiffs amended the complaint to delete their federal claims.
- Whether defendants established diversity jurisdiction based on the citizenship of the parties and an amount in controversy exceeding $75,000.
- Whether plaintiffs were entitled to fees under 28 U.S.C. § 1447 for seeking remand.
Disposition
other
Cases Cited (3)
- Lindley Contours, LLC v. AABB Fitness Holdings, Inc., 414 F. App'x 62, 64 (9th Cir. 2011)(followed)
- Conrad Associates v. Hartford Accident & Indemnity Co., 994 F. Supp. 1196, 1198-99 (N.D. Cal.)(followed)
- Gaus v. Miles, 980 F.2d 564, 566-67 (9th Cir.)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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