In a putative class action, plaintiff consumer sued defendant telephone company. The company moved to stay the proceeding pending a decision in a United States Supreme Court case. A ruling in the Supreme Court case would be beneficial to the court in hearing the present case. The company would suffer substantial hardship if the action was permitted to go forward. The company had met its burden and had shown a clear case of hardship or inequity. The stay of action would conclude within a reasonable period of time. Parties’ litigation attorney Los Angeles appeal.
Motion to stay granted.
HOLDINGS: -In a labor class action, which was removed from a state court pursuant to Class Action Fairness Act by the employer, the employee was entitled to motion to remand because the employer failed to carry its burden to demonstrate, by a preponderance of evidence that the aggregate amount in controversy exceeded the jurisdictional minimum amount of $ 5,000,000. The only rationale the employer offered to support its assumptions were employee’s allegations of a uniform policy of wage abuse in the complaint, however, the court was not persuaded that the allegations were sufficient to support employer’s assumptions and calculations as to amount in controversy. Finally, employer finished its calculation by adding attorney’s fees in their damages figures, however, employer provided no evidence of the amount of attorneys’ fees that were incurred at the time of removal.
Motion to remand granted.