Archie Haas et al v. Liberty Mutual Fire Insurance Company et al

Filing 7

ORDER REMANDING CIVIL ACTION TO SUPERIOR COURT by Judge R. Gary Klausner. This case is REMANDED to the Superior Court for all further proceedings for lack of subject matter jurisdiction. Case number 56-0213-0043065-CU-BT-VTA Case Terminated. Made JS-6 (Attachments: # 1 Remand letter) (bp)

JS-6

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL
Case No.

CV 13-04516-RGK (SHx)

Title

Haas et al. v. Liberty Mut. Fire Ins. Co.

Present: The
Honorable

Date

July 9, 2013

R. GARY KLAUSNER, U.S. DISTRICT JUDGE

Sharon L. Williams (Not Present)

Not Reported

N/A

Deputy Clerk

Court Reporter / Recorder

Tape No.

Attorneys Present for Plaintiffs:

Attorneys Present for Defendants:

Not Present

Not Present

Proceedings:

(IN CHAMBERS) ORDER REMANDING CIVIL ACTION TO SUPERIOR
COURT

On June 21, 2013, Defendant Liberty Mutual Fire Insurance Company (“Defendant”) removed
this action from the Ventura County Superior Court of California on the basis of diversity jurisdiction.
Removal jurisdiction is governed by statute. See 28 U.S.C. §§ 1441. The Ninth Circuit has held
unequivocally that the removal statute is construed strictly against removal. Ethridge v. Harbor House
Rest., 861 F.2d 1389, 1393 (9th Cir. 1988). The strong presumption against removal jurisdiction means
that “the defendant always has the burden of establishing that removal is proper.” Gaus v. Miles, Inc.,
980 F.2d 564, 566 (9th Cir. 1992). Diversity jurisdiction requires that the amount “in controversy
exceeds the sum or value of $75,000 . . . . ” 28 U.S.C § 1332(a).
Plaintiff provided a statement of costs which allege damages of $74,065.04, in addition to mental
suffering and punitive damages. Defendant relies on punitive damages to raise the amount in
controversy above the statutory requirement. However, these damages are too speculative for purposes
of calculating the amount in controversy. Thus, Defendant has not satisfied its burden of proving
removal is proper at this time.
For the foregoing reasons, this case is REMANDED to the Superior Court for all further
proceedings for lack of subject matter jurisdiction.
IT IS SO ORDERED.
:
Initials of Preparer

CV-90 (06/14)

CIVIL MINUTES - GENERAL

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