Elster

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

STEVE ELSTER, Case No. 20-cv-07679-VC

Plaintiff,

ORDER GRANTING MOTION TO

v. REMAND

VIVID SEATS, INC., et al., Re: Dkt. No. 19 Defendants.

This case involves tickets purchased on Vivid Seats for events that were postponed or rescheduled as a result of the pandemic. Apparently, for events that were canceled outright, people who purchased tickets on Vivid Seats received refunds. But for events that were merely postponed or rescheduled, Vivid Seats told ticketholders they would not get refunds. Elster, on behalf of himself and a class of people who purchased such tickets, seeks relief under Section 22507 of the California Business & Professions Code. Elster filed the lawsuit in state court, and Vivid Seats has removed it to federal court under the Class Action Fairness Act. The question presented by this motion to remand is whether the lawsuit satisfies CAFA’s $5 million amount in controversy requirement. Section 22507 provides in relevant part: “The ticket price of any event which is canceled, postponed, or rescheduled shall be fully refunded to the purchaser by the…