Stacia Cullors v. Cerebral Inc.

Case 2:22-cv-09143-DSF-PD Document Filed 02/23/ Page 1 of Page ID #:211

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

STACIA CULLORS, et al., CV 22-9143 DSF (PDx) Plaintiffs, Order DENYING Motion to v. Remand (Dkt. 13)

CEREBRAL, INC.,

Defendant.

Defendant Cerebral, Inc. removed this case based on the Class Action Fairness Act (CAFA). Plaintiffs now move to remand, arguing that Defendant cannot establish that the amount in controversy exceeds $5,000,000. The Court deems this matter appropriate for decision without oral argument. See Fed. R. Civ. P. 78; Local Rule 7- 15. The complaint does not specify an amount demanded, and Defendant has made certain assumptions in support of its argument that the amount in controversy is more than $5,000,000. When a Defendant attempts to establish the amount in controversy this way, it has the burden of proving by a preponderance of the evidence that its assumptions are reasonable. Harris v. KM Indus., Inc., 980 F.3d 694, 701 (9th Cir. 2020). However, a defendant is not required to make the plaintiff’s case for it – i.e., a defendant is not required to establish that it is likely that the…