Rodney Lewis v. Moki Doorstep Corp.

BACKGROUND

Defendants removed this action based on diversity jurisdiction, which requires that the parties be in complete diversity and the amount in controversy exceed $75,000. See 28 U.S.C. § 1332. In its OSC, the Court explained that Defendants’ Notice of Removal (“NOR”) did not establish that the $75,000 amount in controversy is satisfied. The NOR stated, “Plaintiff seeks compensatory damages based on his claim that he has an ownership interest in a company whose product has already generated significant consumer interest and commercial success. He also seeks disgorgement of any revenues and profits obtained or received by Defendants. [] Plaintiff also seeks punitive damages in connection with his fraud and tort claims. [] Plaintiff also seeks attorney fees in connection with his elder abuse claim pursuant to California Welfare and Institutions Code section 15657.5. [] The amount in controversy exceeds, exclusive of interest and costs, the sum of $75,000.” NOR ¶¶ 23-26. The Court found that it was not obvious from the Complaint that the amount in controversy is satisfied, and that Defendants did little more than repeat from the Complaint the categories of damages Plaintiff…