Roger Flores v. Element Materials Technology Huntington Beach LLC

I.

DISCUSSION

CAFA affords district courts jurisdiction “over class actions in which the class members number at least 100, at least one plaintiff is diverse in citizenship from any defendant, and the

UNITED STATES DISTRICT COURT JS-6 / REMAND

CENTRAL DISTRICT OF CALIFORNIA

CIVIL MINUTES—GENERAL

Case No. CV 21-275-DMG (Ex) Date February 19, 2021

Title Roger Flores v. Element Materials Technology Huntington Beach Page 2 of

LLC

aggregate amount in controversy exceeds $5 million, exclusive of interest and costs.” Ibarra v. Manheim Invs., Inc., 775 F.3d 1193, 1195 (9th Cir. 2015) (citing 28 U.S.C. § 1332(d)). Pursuant to 28 U.S.C. section 1441(a), an action may be removed from a state court to a federal district court if the latter would have had “original jurisdiction” over the action had it been filed in that court. Generally, in cases where defendants remove class actions to federal court and plaintiffs move to remand the case to state court, defendants bear the burden of establishing these elements by a preponderance of the evidence. Id.

CAFA’s diversity requirement is satisfied when at least one plaintiff is a citizen of a state in which…