Wade Grant v. Capital Management Services, L

MEMORANDUM

Capital Management Services, L.P. appeals from the district court’s order granting Wade Grant’s motion to remand his class complaint alleging causes of action under the federal Telephone Consumer Protection Act ( 47 U.S.C. § 227 et seq.) and the California Unfair Competition Law (Cal. Bus. & Prof.Code § 17200 et seq.). We have jurisdiction pursuant to 28 U.S.C. § 1453 (c)(1). We reverse.

Because neither the size of the proposed class nor the total amount in controversy was apparent from the face of the class complaint, CMS need only show by a preponderance of the evidence that Grant’s action places more than $5,000,000 in controversy and implicates a class with greater than 100 members. See Guglielmino v. McKee Foods Corp., 506 F.3d 696, 699 (9th Cir.2007).

The TCPA prohibits persons from (1) making “any call,” (2) “using any automatic telephone dialing system or an artificial or prerecorded voice,” (3) “to any telephone number assigned to a ... cellular telephone service....” See 47 U.S.C. § 227 (b)(1)(A). CMS submitted the Florczak declaration which stated that a review of the company’s databases by its executive vice president of information technology using…