Nash

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

MARVIN NASH, Case No. 19-cv-01883-VC

Plaintiff,

ORDER DENYING MOTION TO

v. REMAND AND GRANTING IN PART

AND DENYING IN PART MOTION

HORIZON FREIGHT SYSTEMS, INC., TO DISMISS

Defendant. Re: Dkt. Nos. 35,

1. Nash’s motion to remand is denied because this Court has diversity jurisdiction. In addition to diversity of the parties, Horizon has shown by a preponderance of the evidence that the amount in controversy on Nash’s claims exceeds $75,000. Among his other claims, Nash’s complaint seeks reimbursement under California Labor Code section 2802 for expenses drivers incur on the job, including “expenditures associated with driving their vehicles (e.g., gas, mileage, insurance, maintenance, and other fees and costs) . . . .” Third Cause of Action, Dkt. 1 at 12. During the 60-day period of jurisdictional discovery that this Court ordered, Nash testified to his fuel costs in a deposition. He testified that (1) he filled up his truck with gas “one and a half” times per week; (2) the price of gas “varie[d] from 3 to 4.50 [dollars per gallon], never got to $5,…