United States Ninth Circuit
Bauman v. Chase Investment Services Corp., 12-55644
The district court's order denying plaintiff's motion to remand an action, brought in state court under the California Labor Code Private Attorneys General Act of 2004 (PAGA), and then removed by defendants on the basis of diversity jurisdiction and pursuant to the Class Action Fairness Act of 2005 (CAFA), is reversed and remanded, where: 1) PAGA actions are not sufficiently similar to Rule 23 class actions to establish the original jurisdiction of a federal court under CAFA; 2) plaintiff's portion of the recovery would be less than $75,000, so there was also no diversity jurisdiction under 28 U.S.C. section 1332(a), and therefore, 3) plaintiff's motion to remand should have been granted.
Appellate Information
- Decided 03/13/2014
- Published 03/13/2014
Judges
- HURWITZ
Court
- United States Ninth Circuit