Gabrielle Aguirre v. Capital One Bank USA N.A.

I. Background

On December 9, 2022, Plaintiffs filed a Complaint against Defendant based on a July 2019 data breach in which a hacker stole the personal identifying information of Capital One account holders. (See Dkt. 1-1.) Plaintiffs are 118 individuals who were Capital One account holders between 2005 and 2019. (Id. ¶¶ 1-6.) Plaintiffs are residents of California and Defendant is a Virginia corporation that does business in California. (Id. ¶ 2.) Based on the alleged data breach, Plaintiffs assert claims for negligence, conversion, invasion of privacy, and violation of the California Customer Records Act, California Civil Code Section 1798.81 et seq. (Id. ¶¶ 5-44.) The instant action is one of several pending putative class actions regarding the data breach, including In re Capital One Consumer Data Breach Litigation, MDL No. 2915 (J.P.M.L. July 31, 2019) (the “MDL proceeding”). (Dkt. 9.)

On January 20, 2023, Defendant removed the action to federal court on the basis of diversity jurisdiction under the Class Action Fairness Act (“CAFA”), 28 U.S.C. § 1332(d). (Dkt. 1.) Plaintiffs now challenge whether the amount in controversy requirement has been met, but do not…