Bricine Mitchell v. Continental Casualty Insurance

Good Law
United States District Court, Northern District of CaliforniaDecember 8, 20253:25-cv-09553California347 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 BRICINE MITCHELL, Case No. 25-cv-09553-JSC

Plaintiff,

ORDER REMANDING CASE

v. 9 Re: Dkt. Nos. 14, 15 CONTINENTAL CASUALTY

INSURANCE,

11 Defendant.

12 Plaintiff filed this putative class action against Defendant in state court and alleged violations of the California Business & Professions Code. (Dkt. No. 3 at 9-18.) Defendant removed the case to this Court based on diversity jurisdiction. (Id. at 1-7.) Because Defendant had not shown the amount in controversy exceeded the jurisdictional threshold, the Court ordered Defendant to show cause why this action should not be remanded for lack of subject matter jurisdiction. (Dkt. No. 14.) See Urbino v. Orkin Servs. of Cal., Inc., 726 F.3d 1118, 1121-22 (9th Cir. 2013) (“Where, as here, it is unclear or ambiguous from the face of a state-court complaint whether the requisite amount in controversy is pled, the removing defendant bears the burden of establishing, by a preponderance of the evidence, that the amount in…

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