Alfredo Zamudio v. CEC Entertainment, Inc. et al

Filing 10

(IN CHAMBERS) ORDER REMANDING CIVIL ACTION TO SUPERIOR COURT by Judge R. Gary Klausner. The action is hereby remanded to state court for all further proceedings. Remanding case to Superior Court of California County of Los Angeles, Case number BC671188. **Certified copies of docket sheet and Order to Remand sent to State Court.** (Made JS-6. Case Terminated.) (Attachments: # 1 Letter) (ah)

JS-6

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

CV 17-07053-RGK (JEMx)

Title

ALFREDO ZAMUDIO v. CEC ENTERTAINMENT, INC.

Present: The
Honorable

Date

October 12, 2017

R. GARY KLAUSNER, U.S. DISTRICT JUDGE

Sharon L. Williams

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 August 4, 2017, Alfredo Zamudio filed an action against CEC Entertainment, Inc. dba
Chuck E. Cheese (“Defendant”) for disability discrimination, failure to accommodate or engage
in interactive process, retaliation, and wrongful termination under the California Government
Code.
On September 25, 2017, Defendant removed the action to federal court alleging diversity
jurisdiction. Upon review of Defendant’s Notice of Removal, the Court hereby remands the
action for lack of subject matter jurisdiction.
Pursuant to 28 U.S.C. § 1332, district courts shall have original jurisdiction over any civil action
in which the parties are citizens of different states and the action involves an amount in controversy that
exceeds $75,000. After a plaintiff files a case in state court, the defendant attempting to remove the case
to federal court bears the burden of proving the amount in controversy requirement has been met.
Lowdermilk v. United States Bank Nat’l Ass’n, 479 F.3d 994, 998 (9th Cir. 2007). If the complaint does
not allege that the amount in controversy has been met, the removing defendant must supply this
jurisdictional fact in the Notice of Removal by a preponderance of the evidence. Gaus v. Miles, Inc., 980
F.2d 564, 566-567 (9th Cir. 1992).
In his complaint, Plaintiff seeks damages for lost wages, lost future earnings, lost benefits,
emotional distress, punitive damages, and reasonable attorney’s fees. In support of their removal of the
action, Defendant states only that (1) its projections indicate that Plaintiff’s damages exceed the sum of
$75,000; and (2) it is reasonable to assume that Plaintiff will incur attorney’s fees in excess of $75,000.
The Court finds these conclusory statements to be completely inadequate for satisfying Defendant’s
burden. Therefore, the Court finds that Defendants have failed to satisfy its burden of showing by a
CV-90 (06/04)

CIVIL MINUTES - GENERAL
Page 1 of 2

JS-6

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

CV 17-07053-RGK (JEMx)

Date

Title

October 12, 2017

ALFREDO ZAMUDIO v. CEC ENTERTAINMENT, INC.

preponderance of the evidence, that the amount in controversy meets the jurisdictional requirement.
In light of the foregoing, the action is hereby remanded to state court for all further proceedings.

IT IS SO ORDERED.

:
Initials of Preparer

CV-90 (06/04)

CIVIL MINUTES - GENERAL
Page 2 of 2