Otay Hydraulics, Inc. v. Safety-Kleen Sytems, Inc.

MEMORANDUM

After this putative class action was filed in California state court, the defendant filed a notice of removal, alleging diversity jurisdiction under 28 U.S.C. § 1332 (d)(2). The district court sua sponte remanded the case to state court because no individual plaintiffs claim exceeded $75,000. We have jurisdiction over the defendant’s appeal of the remand order under 28 U.S.C. § 1453 (c)(1).

1. Under 28 U.S.C. § 1332 (d)(2), the district courts have original jurisdiction over class actions in which at least one plaintiff is a citizen of a different state than any defendant and in which the amount in controversy exceeds $5,000,000. This provision, part of the Class Action Fairness Act of 2005 (“CAFA”), Pub.L. No. 109-2, 119 Stat. 4, does not require that any putative class member’s claim exceeds $75,000. In contrast, 28 U.S.C. § 1332 (d)(ll)(B)(i), the CAFA provision governing “mass actions,” does require that at least one plaintiffs claim exceeds $75,000. Abrego Abrego v. Dow Chem. Co., 443 F.3d 676, 689 (9th Cir.2006) (per curiam). The parties correctly agree that the district court erred by applying the jurisdictional requirements for a mass action to this class…