Hughes

Hughes v. Fosdick

Good Law
106 F. Supp. 3d 1078·2015 WL 3372396·2015 U.S. Dist. LEXIS 69431
United States District Court, Northern District of CaliforniaApril 29, 2015Case No. 14-cv-05350-NCCalifornia2,432 words

Opinion

Lead Opinion

Cousins, J.

ORDER GRANTING MOTION TO REMAND

Re: Dkt. No.

Before the Court is Hughes’ motion to remand this action to state court. Because the Court agrees that defendants have not met their burden to demonstrate by a preponderance of the evidence that the amount in controversy exceeds $5 million, the Court GRANTS Hughes’ motion to remand.

I. BACKGROUND

In September 2013, plaintiff Estella Hughes sued her former employers, defendants Lineare, Inc., Lineare Holdings, Inc., and Robert Fosdick, alleging a variety of state law claims including workplace harassment and discrimination. Dkt. No. 1 at Exhibit A. In June 2014, Hughes amended her complaint to include additional claims for failure to reimburse work-related expenses, and in November 2014, Hughes again amended to assert two causes of action on a class-wide basis. Id. at Exhibits B, C. Specifically, Hughes claims that defendants violated the California Labor Code § 2802 by failing to adequately reimburse class members for travel mileage in performance of their duties between May 21, 2010 and present. Id. at Exhibit C. Defendants filed their answer to the Second Amended Complaint in state court, then timely removed the action to…

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