Alan Wayne, Individually and on Behalf of Himself and All Others Similarly Situated v. Dhl Wordwide Express

Appellant Alan Wayne, brought this action in state court, alleging that DHL Worldwide Express (DHL), an air shipment company, violated California state laws by selling shipment insurance on its packages at excessive prices and without obtaining a license from the California Insurance Commissioner. DHL removed the action to federal court. The district court denied Wayne’s remand motion and then granted DHL’s Federal Rule of Civil Procedure 12(b)(6) motion to dismiss. Wayne appeals the district court’s orders denying his motion to remand and granting the motion to dismiss. We have jurisdiction under 28 U.S.C. § 1291 . After de novo review, we conclude that the district court lacked jurisdiction, and, as a consequence, reverse the judgment of the district court dismissing the action and re mand with instructions to remand the case to the California state court.

FACTS AND PROCEDURAL BACKGROUND

On June 21, 2000, Alan Wayne shipped a package via DHL from one location in the County of Los Angeles to another location in the county. He purchased “Shipment Insurance” for that package from DHL for $.70. He then brought a class 9239 action in California State Court on behalf of…