Esmeralda Figueroa v. LogistiCare Solutions, LLC

I. Background

This action concerns Plaintiff’s putative wage and hour class action brought against Defendant Logisticare Solutions (“Defendant”). Mot. at 3. Plaintiff’s First Amended Complaint alleges eleven state law causes of action for miscellaneous violations of the California Labor Code and California Business and Professions Code. Plaintiff originally filed suit in the Superior Court of California, County of Orange. Dkt. 1. Defendant removed this action to federal court on June 25, 2020, citing the Class Action Fairness Act (CAFA) as the jurisdictional basis. Id.

CIVIL MINUTES – GENERAL

Case No. SA CV 20-01112-DOC-JDE Date: October 10, 2020 Page

II. Legal Standard

A defendant may remove an action from state court to federal court if the plaintiff could have originally filed the action in federal court. See 28 U.S.C. §§ 1441(a). CAFA provides federal subject matter jurisdiction only if (1) the proposed plaintiff class is not less than 100 members, (2) the parties are minimally diverse, and (3) the aggregate amount in controversy exceeds $5 million. 28 U.S.C. §§ 1332(d)(2), (6). As with traditional removal, the burden of establishing federal subject…