Fred Peters v. Equifax Commerical Solutions

MEMORANDUM

The facts and procedural posture of this case are known to the parties, and we do not repeat them here.- Appellant Equifax Commercial Solutions (“ECS”) appeals the district court’s order remanding appellee Fred Peters’ case for lack of subject matter jurisdiction. 28 U.S.C. § 1453 (c)(1). We affirm.

ECS argues that it was error for the district court to remand the case to state court based on the insufficiency of ECS’s allegations regarding the amount in controversy without first giving ECS an opportunity to respond with additional evidence. In the alternative, ECS argues that the district court should not have remanded the case because it possessed federal-question jurisdiction.

When removing a case based on diversity jurisdiction or the Class Action Fairness Act, a defendant has the burden of proving, “by a preponderance of evidence, that the aggregate amount in controversy exceeds the jurisdictional minimum” of 28 U.S.C. § 1332 (a) or § 1332(d)(2), respectively. Rodriguez v. AT & T Mobility Servs. LLC, 728 F.3d 975, 981 (9th Cir.2013). ECS did not satisfy this burden. Its notice of removal contained little more than conclusory assertions regarding the amount in…