Ward-Howie

Ward-Howie v. Frontwave Credit Union

Good Law
United States District Court, Southern District of CaliforniaAugust 11, 20223:22-cv-00890California2,278 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 ELAINE WARD-HOWIE, on behalf of Case No.: 22-CV-890-CAB-JLB himself and all others similarly situated,

ORDER GRANTING MOTION TO

Plaintiff, REMAND v. 14 FRONTWAVE CREDIT UNION, [Doc. No. 9] 15 Defendant. 16 17 Plaintiff Elaine Ward-Howie filed this putative class action lawsuit in San Diego County Superior Court on April 29, 2022. On June 17, 2022, Defendant Frontwave Credit Union (“Frontwave”) removed the action to this Court on the grounds that subject matter jurisdiction exists under the Class Action Fairness Act (“CAFA”), 28 U.S.C. § 1332(d). Ten days later, Frontwave filed a motion to dismiss for failure to state a claim [Doc. No. 7], and ten days after that, Plaintiff filed a motion to remand [Doc. No. 9] on the grounds that Frontwave had not satisfied its burden to establish that the amount in controversy exceeds CAFA’s jurisdictional threshold. Separately, the Court ordered the parties to show cause why the case should not be remanded for lack of…

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