Salter v. Quality Carriers, Inc., No. 20-55709 (9th Cir. 2020)
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Plaintiff filed a putative class action against Quality, alleging that Quality failed to provide truck drivers with meal breaks, rest periods, overtime wages, minimum wages, and reimbursement for necessary expenditures as required by California law. After Quality removed to federal court, the district court granted plaintiff's motion to remand to state court.
The Ninth Circuit vacated the district court's remand order and held that plaintiff challenged the form, not the substance, of Quality's showing, and the form of that showing was sufficient under the panel's case law. In this case, because the amount in controversy was not clear from plaintiff's complaint, Quality submitted a declaration to show that more than $5 million was in controversy. The panel explained that Quality only needed to include a plausible allegation that the amount in controversy exceeds the jurisdictional threshold. Therefore, the district court erred in treating plaintiff's attack on Quality's presentation as a factual, rather than facial, challenge.
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