Dumbrell et al v. Powapos, Incorporated et al

Filing 8

ORDER of Dismissal. The case is dismissed without leave to amend, but without prejudice to filing in state court. Signed by Judge Larry Alan Burns on 5/30/2017. (lrf)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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JEFF DUMBRELL and
PAUL RASORI,

CASE NO. 16cv2305-LAB (MDD)

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ORDER OF DISMISSAL
Plaintiffs,

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vs.
POWAPOS, INC. et al.,
Defendants.

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Dumbrell and Rasori sued PowaPos for breach of contract. Plaintiffs admit that the

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Court lacks jurisdiction unless it counts anticipated attorney’s fees towards the amount in

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controversy. Our circuit hasn't decided whether “attorney’s fees that are anticipated but

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unaccrued” at the time of filing “may be included in the amount-in-controversy.” Gonzales

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v. CarMax Auto Superstores, LLC, 840 F.3d 644, 649 (9th Circ. 2016).

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The Court adopts Judge Easterbrook’s position: “legal expenses that lie in the future

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and can be avoided by the defendant's prompt satisfaction of the plaintiff's demand are not

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an amount ‘in controversy’ when the suit is filed.” Gardynski-Leschuck v. Ford Motor Co.,

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142 F.3d 955, 959 (7th Cir. 1998). Since Dumbrell and Rasori admit that, excluding future

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fees, the amount at stake is below $75,000, the Court lacks jurisdiction. 28 U.S.C. § 1332(a).

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The case is dismissed without leave to amend, but without prejudice to filing in state court.

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IT IS SO ORDERED.
DATED: May 30, 2017

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HONORABLE LARRY ALAN BURNS
United States District Judge
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16cv2305