Leanna Mike v. FCA US LLC

Good Law
United States District Court, Central District of CaliforniaApril 6, 20205:19-cv-02398California149 words

Trial Court Opinion

facts indicating how many payments have already been made on the installment contract. As Defendant points out, Plaintiff would be entitled to civil penalties and attorneys’ fees if the action succeeds. However, the Court finds that Defendant’s inclusion of these amounts is similarly deficient. As to attorneys’ fees, the Court finds that Defendant has not carried its burden of showing by a preponderance of the evidence the amount of future attorneys’ fees. At best, Defendant has provided only speculation. As to civil penalties, Defendant has not offered any evidence to support such an award. Accordingly, the Court is not satisfied that Defendant has satisfied their burden of showing by a preponderance of the evidence, that the amount in controversy meets the jurisdictional requirement. In light of the foregoing, the action is hereby remanded to state court for all further proceedings.

IT IS SO ORDERED.

: Initials of Preparer VRV