Llamas
Erika Llamas v. Everon, LLC
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
ERIKA LLAMAS,
Case No. 25-cv-08012-RS Plaintiff, 11 v. ORDER GRANTING MOTION TO REMAND
EVERON, LLC,
13 Defendant.
15 Defendant Everon, LLC, removed this putative class action from state court, contending a reasonable estimate of named plaintiff Erika Llamas’s purported actual damages is $64,773.36, which, when combined with a reasonable estimate of the total attorney fees at stake of $198,655, easily exceeds the $75,000 amount in controversy threshold for removal jurisdiction based on diversity. The hearing on Llamas’s motion to remand was vacated. The parties were asked to provided further briefing on the question of whether the total amount of attorney fees potentially recoverable on behalf of a certified class should count towards the diversity jurisdictional minimum, or whether only the pro rata attorney fees attributable to the named plaintiff should be considered. While the class size is…