United States District Court, N.D. California
October 3, 2005.
JAMES PANIGADA, Plaintiff,
GMC, aka GENERAL MOTORS CORPORATION, Defendant.
The opinion of the court was delivered by: CHARLES BREYER, District Judge
ORDER OF REMAND
Plaintiff filed a complaint in state court alleging a products
liability cause of action against defendant on July 13, 2005. On
September 7, 2005, defendant filed a Notice of Removal with this
Court pursuant to diversity jurisdiction under
28 U.S.C. § 1441(b). In that notice, defendant failed to establish by a
preponderance of the evidence that the a amount-in-controversy
exceeded $75,000, the amount required to invoke diversity
jurisdiction. See Sanchez v. Monumental Life Ins. Co.,
102 F.3d 398, 404 (9th Cir. 1996). The Court filed an Order to Show
Cause as to the amount-in-controversy on September 13, 2005. On
September 22, 2005, defendant filed a Response to the Order to
Show Cause in which it conceded that it could not show that the
amount-in-controversy would exceed $75,000. As a result,
defendant has failed to meet its burden to remove the matter to
federal court under diversity jurisdiction. "Where doubt
regarding the right to removal exists, a case should be remanded to state court." Matheson v. Progressive Specialty Ins.
Co., 319 F.3d 1089, 1090 (9th Cir. 2003). Accordingly, this case
is hereby REMANDED to state court.
IT IS SO ORDERED.
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