CIVIL MINUTES – GENERAL

Case No. 5:23-cv-00927-SPG-SHK Date May 12, 2025

Title Jose Marroquin, et al. v. Loya Casualty Insurance Co.

Present: The Honorable SHERILYN PEACE GARNETT

UNITED STATES DISTRICT JUDGE

P. Gomez Not Reported Deputy Clerk Court Reporter / Recorder

Attorneys Present for Plaintiff: Attorneys Present for Defendants:

Not Present Not Present Proceeding: (IN CHAMBERS) ORDER TO SHOW CAUSE WHY THIS CASE SHOULD

NOT BE DISMISSED FOR LACK OF SUBJECT MATTER JURISDICTION

District courts have original jurisdiction over class actions only where the amount in controversy “exceeds the sum or value of $5,000,000, exclusive of interest and costs.” 28 U.S.C. § 1332(d)(2); see Manoukian v. John Bean Techs. Corp., No. CV 18-1307 SJO (AGR), 2018 WL 6133679, at *4 (C.D. Cal. Apr. 23, 2018). If a district court determines “at any time that it lacks subject-matter jurisdiction, the court must dismiss the action.” Fed. R. Civ. P. 12(h)(3); see Tibrio, LLC v. Flex Mktg., LLC, No. 23cv1167-LL-BGS, 2023 WL 8358551, at *1 (S.D. Cal. Dec. 1, 2023)

In Plaintiffs’ Motion for Class Certification, Plaintiffs indicate that the total number of putative class members is approximately 1,980 persons and that their damages are “likely less than $500 per person.” (ECF No. 69-1 at 17, 26). Thus, it appears that the amount-in- controversy in this case is approximately $990,000—well short of the requirement stated in § 1332(d)(2).

Accordingly, the Court ORDERS Plaintiffs to show cause in writing why this case should not be dismissed for lack of subject matter jurisdiction. Plaintiffs must file a response, if any, within seven (7) days of the issuance of this Order, plausibly demonstrating how, in light of the arguments made in the Motion for Class Certification, the amount-in-controversy can exceed $5,000,000.

IT IS SO ORDERED.

:

Initials of Preparer pg