Ciro Umeres v. Nexa Mortgage, LLC

Case 2:22-cv-05658-SB-AGR Document Filed 09/15/ Page 1 of Page ID #:384

JS-

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

CIRO UMERES, Case No. 2:22-cv-05658-SB-AGR Plaintiff, v. ORDER GRANTING MOTION TO

REMAND [DKT. NO. 12]

NEXA MORTGAGE, LLC,

Defendant.

Plaintiff Ciro Umeres filed this putative class action in state court against his former employer, Defendant NEXA Mortgage, LLC, alleging that NEXA violated California law by, among other things, failing to pay minimum wages and overtime wages and failing to provide rest periods. Dkt. No. 2-4. After Umeres amended his pleading to add a cause of action under the Private Attorneys General Act of 2004 (PAGA), Dkt. No. 2-16, NEXA removed the case based on diversity jurisdiction, Dkt. No. 1. Umeres now moves to remand, contending that the amount in controversy does not exceed $75,000. Dkt. No. 12. The Court finds this matter suitable for decision without oral argument and vacates the September 23, 2022 motion hearing. Fed. R. Civ. P. 78; L.R. 7-15. Because NEXA has not met its burden to establish subject-matter jurisdiction, the Court…