United States Ninth Circuit

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Brinkley v. Monterey Financial Services, Inc., 17-56335

Vacating the district court's order granting the plaintiff's motion to remand a putative class action to the California state court in a case alleging that Monterey Financial Services Company recorded or monitored its telephone conversations without giving notice of that fact because although the district court felt that the high percentage of those affected were Californians, meriting removal to state court, the panel held that the plaintiff could not remand an otherwise valid Class Action Fairness Act case to state court because the size of the entire class was unknown and the plaintiff failed to prove that two thirds of the class members were California citizens.

Appellate Information

  • Argued
  • Submitted
  • Decided
  • Published 2017/10/20




  • United States Ninth Circuit


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