Bell v. Populus Financial Group, Inc.
Bell v. Populus Financial Group, Inc.
Trial Court Opinion
1 2 IN THE UNITED STATES DISTRICT COURT 3 FOR THE NORTHERN DISTRICT OF CALIFORNIA 4 5 JAMILLAH BELL, Case No. 21-cv-01003-MMC 6 Plaintiff, ORDER GRANTING PLAINTIFF'S V. MOTION TO REMAND; REMANDING 8 POPULUS FINANCIAL GROUP, INC., ACTION TO STATE COURT 9 Defendant. 10 Before the Court is plaintiff's “Motion to Remand,” filed February 26, 2021. No 11 opposition has been filed. g 12 The Court, having read and considered the moving papers,! finds, for the reasons s 13 || stated therein (see Mem. of P. & A. at 2:17-4:2), defendant has failed to meet its burden 14 of establishing “the matter in controversy exceeds the sum or value of $75,000,” see 2 15 || Valdez v. Allstate Ins. Co.,
372 F.3d 1115, 1116-17(9th Cir. 2004) (quoting 28 U.S.C. a 16 || § 1332(a)) (holding, where defendant removes action on basis of diversity jurisdiction and g 17 || “it [is] not facially evident from the complaint that more than $75,000 [is] in controversy,” S 18 || defendant must “provide evidence establishing that it is more likely than not that the 19 || amount in controversy exceeds that amount” (internal quotations and citations omitted)). 20 Accordingly, plaintiffs’ motion is hereby GRANTED, and the above-titled action is 21 hereby REMANDED to the Superior Court of California, in and for the County of 22 || Alameda. 23 IT IS SO ORDERED. 24 25 || Dated: April 15, 2021 [finn Mf Chat MAXINE M. CHESNEY 26 United States District Judge 27 28 ' By order filed April 12, 2021, the Court took the matter under submission.
Reference
- Status
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