Dillingham & Murphy Successfully Opposes Motion to Remand in Wage-and-Hour Class Action
February 28, 2022
Dillingham & Murphy has successfully opposed a motion to remand filed by the plaintiff in a wage-and-hour class action. Plaintiff filed a class action lawsuit in Sacramento Superior Court, alleging various wage-and-hour claims. The defendants, represented by Dillingham & Murphy, removed the case to the United States District Court for the Eastern District of California under the Class Action Fairness Act of 2005 (“CAFA”). Thereafter, the plaintiff filed a motion to remand the case, on the ground that the amount in controversy did not exceed the $5 million threshold under the CAFA.
In opposing the motion, the defendants submitted competent evidence and argued that certain assumptions are applicable in calculating the amount in controversy based on Plaintiff’s Complaint and Ninth Circuit precedent. In a detailed order, the Court agreed with the defendants, finding that their calculations “reasonably and appropriately” yield an amount in controversy of over $5 million for Plaintiff’s unpaid overtime, meal and rest period, and minimum wage claims. (Order at 8.)
The Dillingham & Murphy lawyers working on this case are partner Carla J. Hartley and associate Cynthia C. Cheung. A copy of the Court’s order denying the motion to remand can be accessed here: