Patricia Slater et al v. GC Services et al
Filing
7
MEMORANDUM: (In Chambers) Order REMANDING Case to State Court: The case is REMANDED to the Superior Court of California for the County of Los Angeles IT IS SO ORDERED by Judge Dale S. Fischer. (cc Copy of Memorandum, Docket sheet and Letter of Remand sent to Southwest District, Case number VC069105) (Case Terminated. Made JS-6) (Attachments: # 1 Letter of Remand - CV103) (ir)
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Patricia Slater et al v. GC Services et al
Doc. 7
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
MEMORANDUM
JS-6
Case No.
Title
Date
CV 13-5709 DSF (AJWx)
8/14/13
Patricia Slater, et al. v. GC Services
Present: The
Honorable
DALE S. FISCHER, United States District Judge
Debra Plato
Deputy Clerk
Not Present
Court Reporter
Attorneys Present for Plaintiffs:
Attorneys Present for Defendants:
Not Present
Not Present
Proceedings:
(In Chambers) Order REMANDING Case to State Court
This case was removed from state court based on diversity jurisdiction. However,
Defendant has failed to establish diversity or that the amount in controversy exceeds
$75,000. Defendant states that it is a limited partnership and that none of its partners are
incorporated in or have a principal place of business in California. But the Court isn’t
told the number or nature of the partners. It is left to assume that all of the partners are
corporations, but there is no real basis for that assumption. Defendant also has not
established that the amount in controversy exceeds $75,000. Plaintiffs explicitly seek
$30,000 plus $5,000 for each additional call that was recorded. Defendant cites a
statement in the complaint that Defendant is alleged to have recorded thousands of calls.
But this is not a class action. It is clear that the thousands of calls reference does not just
refer to Plaintiffs’ calls and there is no basis to believe that Plaintiffs seek to recover for
those calls or any specific number of calls beyond the six calls listed in the complaint.
The case is REMANDED to the Superior Court of California for the County of Los
Angeles.
IT IS SO ORDERED.
CV-90 (12/02)
MEMORANDUM
Page 1 of 1
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