Jerry Aviles v. Kingfisher Media, LLC
Opinion
Trial Court Opinion
I. Background
This is a purported class action for product liability arising out of Plaintiff’s claim that Defendant has engaged in false and misleading advertising on their line of supplements known as “High T Testosterone Booster.” See generally Complaint (“Compl.”) (Dkt. 1-2).
Plaintiff originally filed suit in the Superior Court of California, County of Orange, on March 20, 2023. See Notice of Removal (“Notice”) (Dkt. 1). On August 1, 2023, after an initial, limited round of discovery, Defendant removed the action to this Court, asserting diversity jurisdiction. On August 11, 2023, the Court issued an Order to show cause why the amount in controversy is met here and why this case should not be remanded (“Order”) (Dkt. 7). On August 17, 2023, Plaintiff filed a Response (“Response”) (Dkt. 8) and Defendant filed a Supplement Brief (“Supplement”) (Dkt. 9).
CIVIL MINUTES – GENERAL
Case No. 8:23-cv-01379-DOC-ADS Date: September 29, 2023 Page
II. Legal Standard
“If at any time before final judgment it appears that the district court lacks subject matter jurisdiction, the case shall be remanded.” 28 U.S.C. § 1447(c). Removal of a case from state court to…