Danielle Borgia v. Bird Rides, Inc.

Good Law
United States District Court, Central District of CaliforniaAugust 13, 20192:18-cv-09685California3,147 words

Opinion

Trial Court Opinion

I.

BACKGROUND

Plaintiffs filed a class action complaint against Defendants on October 19, 2018 in Los Angeles County Superior Court. [Doc. # 1 (“Notice of Removal”), Ex. E (“Complaint”).] They allege 15 causes of action under California law stemming from Defendants’ “deployment” of “defective ‘[s]cooters’” into streets and public areas in California. Id. at ¶ 7. Defendant Segway, Inc., a corporate citizen of Delaware and New Hampshire, removed the action to this Court under the Class Action Fairness Act (“CAFA”) on November 16, 2019. Notice of Removal. Plaintiff filed the instant Motion to Remand on January 25, 2019. [Doc. # 19 (“MTR”).] The MTR is fully briefed. [Doc. # 21 (“Opp.”), 22 (“Reply”).] For the following reasons, the Court DENIES the MTR, without prejudice to a clarifying amendment as to the citizenship of the proposed class members.

II.

LEGAL STANDARD

Generally, courts determine whether an action is removable based on the complaint as it existed at the time of removal. 28 U.S.C. § 1332(d)(7); Doyle v. OneWest Bank, 764 F.3d 1097, 1098 (9th Cir. 2014). Defendants may remove a class action filed in state court under CAFA “when, among other conditions,…

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