Jose Mayorga v. Evans Food Group LTD

I. Background

Mayorga filed this putative class action in California Superior Court, County of Los Angeles. Dkt. 20-1 (Liao Decl., Ex. A) (FAC). Mayorga brings claims for (1) unpaid minimum wage; (2) unpaid overtime wages; (3) unpaid meal period premiums; (4) unpaid rest period premiums; (5) unreimbursed business expenses; (6) failure to provide accurate wage statements; (7) failure to timely pay final wages upon termination; and (8) unlawful business acts and practices.

II. Legal Standard

CAFA gives federal courts jurisdiction over class actions involving at least 100 class members where there is minimal diversity and at least $5 million in controversy. 28 U.S.C. § 1332(d). “Congress designed the terms of CAFA specifically to permit a defendant to remove certain class or mass actions into federal court . . . [and] intended CAFA to be interpreted expansively.” Ibarra v. Manheim Invs., Inc., 775 F.3d 1193, 1197 (9th Cir. 2015). In a notice of removal, the defendant need only plausibly allege that the prerequisites are met. Dart Cherokee Basin Operating Co. v. Owens, 574 U.S. 81, 89 (2014). Once confronted with a motion to remand, however, the defendant bears the burden of…