Sissy McConnon v. The Kroger Co.

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

SISSY MCCONNON, Case No. 2:24-cv-02601-SB-E

Plaintiff,

v.

ORDER DENYING PLAINTIFF’S

THE KROGER CO., MOTION TO REMAND [DKT.

NO. 10]

Defendant.

Plaintiff Sissy McConnon purchased a bottle of what she believed to be pure avocado oil. She claims that she subsequently discovered that the oil she purchased contained other types of oil and that she would not have purchased the product (or would have paid less for it) had she known that it was “adulterated.” After Plaintiff filed this case in state court alleging violations of California false advertising and unfair competition laws, Defendant The Kroger Co. removed it to this Court asserting jurisdiction under the Class Action Fairness Act (CAFA). Dkt. No. 1. Plaintiff now moves to remand asserting that Defendant has failed to prove that the amount in controversy exceeds the $5 million threshold because Defendant’s calculation of compensatory damages assumes that Plaintiff can recover the full cost of the purchased product rather than the price premium paid for it. Dkt. No. 10. Because Plaintiff placed the entire cost of the…