Reyes

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 7 ERLINDA REYES, Case No. 22-cv-01724-WHO

Plaintiff,

ORDER GRANTING MOTION TO

v. REMAND

VITAS HEALTHCARE CORPORATION Re: Dkt. No.

OF CALIFORNIA,

12 Defendant.

13 Plaintiff Erlinda Reyes moves to remand her class action lawsuit back to state court, arguing that defendant Vitas Healthcare Corporation of California’s (“Vitas”) notice of removal was untimely and that Vitas has not meet its burden in showing that the amount of controversy exceeds the $5 million required by the Class Action Fairness Act of 2005 (“CAFA”). Reyes’s motion is GRANTED. Vitas has not met its burden in proving the amount of controversy. Instead, it relied on an unreasonable assumption based on the amount of damages articulated in an interrogatory response that was limited to Reyes and did not extend to the class as a whole. BACKGROUND Vitas operates hospice programs in more than a dozen states, including California. First…