Opinion
5:22-cv-00259-JLS-SP
04-26-2022
Carla Schranz et al v. Homesite Insurance Company of the Midwest et al
Present: HONORABLE JOSEPHINE L. STATON, UNITED STATES DISTRICT JUDGE
CIVIL MINUTES - GENERAL
PROCEEDINGS: (IN CHAMBERS) ORDER REMANDING CASE TO STATE COURT
On April 6, 2022, the Court issued an Order to Show Cause re Jurisdiction (OSC, Doc. 12), identifying that Defendant Homesite Insurance Company of the Midwest (“Homesite”) had not plausibly alleged that the amount in controversy at the time of removal exceeded the $75,000 threshold required for diversity jurisdiction. Homesite filed a timely response. (See Response, Doc 13.)
The Court has reviewed Homesite's response and holds that the amount in controversy in this case remains too speculative for the Court to exercise jurisdiction. Homesite's assertion that Plaintiffs are “seeking a yet undetermined amount of policy benefits that at the very least, exceeds $39,032.40, and is more likely closer to $204,369.37, as well as interest and additional tort damages . . . will significantly exceed the $75,000 jurisdictional limit required 28 U.S.C. § 1332, ” (id. at ¶ 8) does not establish by a preponderance of the evidence that the aggregate amount in controversy exceeds the jurisdictional requirement. See Rodriguez v. AT&T Mobility Servs. LLC, 728 F.3d 975, 981 (9th Cir. 2013).
Accordingly, the case is REMANDED to the Superior Court of the State of California, County of Riverside, Case No. CVPS2105746.