Opinion
2:24-cv-00218-JLS-JPR
02-15-2024
Maria Aguirre v. Amazon Services LLC, et al.
Present: Honorable JOSEPHINE L. STATON, UNITED STATES DISTRICT JUDGE
CIVIL MINUTES - GENERAL
PROCEEDINGS: (IN CHAMBERS) ORDER REMANDING ACTION TO STATE COURT
On January 18, 2024, the Court ordered Defendant to show cause why this action should not be remanded to state court. (Order to Show Cause (“OSC”), Doc. 7.) The Court questioned whether it has subject-matter jurisdiction because it was not clear from the face of the complaint that the amount in controversy exceeds $75,000. (Id. at 1.) The Court also noted that Defendants' Notice of Removal “features no assertions about the amount at issue other than the conclusion that it exceeds $75,000.” (Id.)
Defendants timely responded. (See Response, Doc. 8.) But in their response, Defendants have still failed to provide any evidence that the amount in controversy exceeds $75,000. Instead, defense counsel lists the type of damages Plaintiff seeks and states that in “similar product liability cases, of [sic] the claimed damages always exceed $75,000 and in this particular case, given the vast categories of alleged damages, this case is no different.” (Id. at 2.) Ninth Circuit case law is clear: “If it is unclear what amount of damages the plaintiff has sought, . . . then the defendant bears the burden of actually proving the facts to support jurisdiction, including the jurisdictional amount.” Gaus v. Miles, Inc., 980 F.2d 564, 567 (9th Cir. 1992). The Court cannot ascertain the amount of Plaintiff's damages from the Complaint, and Defendants have failed to prove any facts to support jurisdiction.
This action is REMANDED to Los Angeles County Superior Court, Case No. 23NWCV03970.