No. C-02-1605 PJH
May 9, 2002
ORDER GRANTING MOTION TO REMAND
Before the court is the motion of plaintiff William Croxton for an order remanding the above-entitled action to the Superior Court of California, County of Alameda. Having read the parties' papers and carefully considered their arguments and the relevant legal authority, and good cause appearing, the court hereby GRANTS plaintiffs motion.
The court finds that defendant has not met its burden of establishing the existence of the required amount in controversy, and the court therefore lacks subject mailer jurisdiction over plaintiffs claims. In determining whether the jurisdictional amount has been met in a proposed class action, the court does not aggregate the separate and distinct claims that plaintiff raises on his own behalf and on behalf of a class of similarly situated persons.
The date for the hearing on the motion, previously set for Wednesday, May 22, 2002, is hereby VACATED. This order fully adjudicates the motion listed at No. 4 on the clerk's docket for this case, and terminates the case and any pending motions.