Bell v. Populus Financial Group, Inc.

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF CALIFORNIA

JAMILLAH BELL, Case No. 21-cv-01003-MMC Plaintiff,

ORDER GRANTING PLAINTIFF'S V. MOTION TO REMAND; REMANDING POPULUS FINANCIAL GROUP, INC., ACTION TO STATE COURT

Defendant.

Before the Court is plaintiff's “Motion to Remand,” filed February 26, 2021. No 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 of establishing “the matter in controversy exceeds the sum or value of $75,000,” see || 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 amount in controversy exceeds that amount” (internal quotations and citations omitted)). Accordingly, plaintiffs’ motion is hereby GRANTED, and the above-titled action is hereby REMANDED to the Superior Court of California, in and for the County of Alameda.

IT IS SO ORDERED.

Dated: April 15, 2021 [finn Mf Chat MAXINE M. CHESNEY United States District Judge ' By order filed April 12, 2021, the Court took the matter under submission.