United States District Court Central District of California
November 3, 2010
PHILLIP LOPEZ, AN INDIVIDUAL, PLAINTIFF,
OREMOR ONTARIO DODGE, INC., ET AL., DEFENDANTS.
The opinion of the court was delivered by: Terry J. Hatter, Jr. Senior United States District Judge
The Court has received, but not considered, the motions to dismiss and to strike by Defendant Capital One Auto Finance, Inc. ("Capital One").
A state court action may be removed if the district court has "original jurisdiction" over the matter. 28 U.S.C. § 1441(a). A district court has original jurisdiction over a class action if (1) the aggregate number of proposed plaintiffs is at least 100, (2) any member of the plaintiff class is a citizen of a state different from any defendant, and (3) the aggregate amount in controversy exceeds $5,000,000.00. Lowdermilk v. United States Bank Nat'l Ass'n, 479 F.3d 994, 997 (9th Cir. 2007).
The removing party bears the burden of establishing original jurisdiction.
Abrego Abrego v. The Dow Chemical Co., 443 F.3d 676, 685(9th Cir. 2006). If the removal documents fail to establish jurisdiction, the Court may remand or, at its discretion, issue an order to show cause asking the defendant to produce additional evidence. Abrego Abrego, 443 F.3d at 691-92. Capital One has failed to meet its burden and establish that this Court has jurisdiction.
While this case may develop more facts regarding jurisdiction, this Court is not the proper forum to develop those facts because the underlying claims all involve state law causes of action. Thus, the state court is better suited to develop the record at the early stages of litigation.
It is Ordered, sua sponte, that this matter be, and hereby is, Remanded.
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