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Rachael Killion v. Autozone Stores Inc et al.

February 8, 2011

RACHAEL KILLION
v.
AUTOZONE STORES INC ET AL.



The opinion of the court was delivered by: Jacqueline H. Nguyen

CIVIL MINUTES - GENERAL

Present: The

Honorable

Alicia Mamer Not Reported N/A

Deputy Clerk Court Reporter / Recorder Tape No.

Not present Not present

Proceedings: (In Chambers) ORDER REMANDING ACTION TO STATE COURT

The matter is before the Court on AutoZone, Inc., AutoZone Stores, Inc., and AutoZoners, LLC's (collectively, "Defendants") Notice of Removal ("Notice"). (Docket No. 1.) Having reviewed Defendants' Notice of Removal and the attached Exhibits, the Court hereby REMANDS the action to

SUPERIOR COURT FOR THE COUNTY OF SAN BERNARDINO for the reasons stated

I. BACKGROUND

Plaintiff Rachael Killion ("Plaintiff") brings suit against defendants alleging violation of the California Fair Employment and Housing Act ("FEHA"); violation of the California Family Rights Act ("CFRA"); disability discrimination; failure to accommodate; failure to prevent discrimination; CFRA retaliation; and tortious discharge in violation of public policy. (Compl. at 1.)

Defendants removed on the basis of diversity jurisdiction. The parties meet the diversity of citizenship requirement. (Notice ¶ 8.) However, an issue exists as to whether the amount in controversy ("AIC") requirement was met. Defendants claim that Plaintiff's lost wages and benefits amount to approximately $11,490.00 at the time of removal. (Id. ¶ 11.) Defendants further claim that the requisite jurisdictional amount is met by including other potential items of recovery such as attorney's fees, punitive damages, emotional damages. (Compl. ¶¶ 12-15.)

II. LEGAL STANDARD

In removing a claim to federal court, the moving party bears the burden of establishing the propriety of removal, including actually proving that the amount of ...


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