Dream Investment Group, LLC v. Wells Fargo, National Association

I. BACKGROUND

Plaintiffs’ Complaint, filed in state court, purports to assert the following four claims: “ 1. Promissory Fraud 2. Violations of Business & Professional Code § 17200 3. Breach of Good Faith and Fair Dealings 4. Declaratory Relief.” See Compl. (Dkt. No 1-1), p. 1. Defendant removed the action based on diversity jurisdiction.

CV-90 (12/02) CIVIL MINUTES — GENERAL Initials of Deputy Clerk CB

Plaintiffs now move to remand the action on the ground that Defendant has not established that the amount in controversy is satisfied. Defendant moves to dismiss under Fed. R. Civ. P. 12(b)(6) for failure to state a claim.

II. DISCUSSION

A. Plaintiffs’ Motion for Remand is DENIED.

The Court first addresses the Motion for Remand, as it raises the threshold question of jurisdiction.

1. Legal Standard

A defendant may remove a civil action filed in state court to federal district court when the federal court has original jurisdiction over the action. 28 U.S.C. § 1441(a). “The burden of establishing jurisdiction falls on the party invoking the removal statute, which is strictly construed against removal.” Sullivan v. First Affiliated…