Case Information
Case 2:09-cv-06386-CAS-SS Document 30 Filed 02/04/10 Page 1 of 1 Page ID #:295
UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA CIVIL MINUTES - GENERAL JS-6 Case No. CV09-6386-CAS (SSx) Date February 4, 2010 Title SUGEY GARCIA; ET AL. v. TARGET #2143; ET AL. Present: The Honorable CHRISTINA A. SNYDER, U.S. DISTRICT JUDGE
PAUL PIERSON NOT PRESENT N/A Deputy Clerk Court Reporter / Recorder Tape No. Attorneys Present for Plaintiffs: Attorneys Present for Defendants: N/A N/A Proceedings: (In Chambers) ORDER DISCHARGING ORDER TO SHOW CAUSE AND REMANDING TO LOS ANGELES SUPERIOR COURT
The Court reviewed the parties’ responses to the Order to Show Cause issued herein on October 5, 2009. Based on plaintiffs’ response dated October 29, 2009 and plaintiffs’ amended declaration dated February 3, 2010, the Court finds that the amount in controversy at issue does not exceed $75,000, exclusive of interest and costs, and therefore that the Court lacks jurisdiction over the instant action pursuant to 28 U.S.C. § 1332. [1] Indeed, where a lawsuit arises exclusively under state law, federal courts may exercise jurisdiction only where there is complete diversity among the parties and the amount in controversy exceeds $75,000. 28 U.S.C. § 1332. Accordingly, the Court remands this action to the Los Angeles Superior Court.
IT IS SO ORDERED. : n/a Initials of Preparer PDP
NOTES
[1] In her amended declaration, plaintiff Sugey Garcia states: “Exclusive of costs and interest, the amount in controversy in this case does not exceed $75,000 for either myself or for my daughter . . . . Accordingly, I will not seek for either myself or for my daughter . . . either in this action nor in any action in the Los Angeles County Superior Court should this matter be remanded, damages in excess of $75,000.00 exclusive of costs and interest.” CV-90 (06/04) CIVIL MINUTES - GENERAL Page 1 of 1