In a wage-and-hour class action under California law, the employees were entitled to remand the action to state court where the employer’s removal under 28 U.S.C.S. §§ 1332(d) and 1441(a) was untimely. Although the pleading was indefinite as to the amount in controversy, the employer was required to remove within 30 days under 28 U.S.C.S. § 1446(b)(1) because the allegations in the complaint made it evident that the amount in controversy exceeded the CAFA jurisdictional minimum. The employer’s three-year delay demonstrated gamesmanship.
Outcome
Motion to remand granted.
Overview
HOLDINGS: [1]-Where creditor sought attorneys’ fees pursuant to a fee shifting provision in the prepetition loan documents after prevailing in an adversary proceeding brought by debtor, claim was subject to discharge under the plan under 11 U.S.C.S. § 1141(d)(1)(A) because it could have fairly and reasonably contemplated that it would have incurred attorneys’ fees associated with enforcement of its claim. Parties’ litigation lawyer San Diego appeal.
Outcome
Attorneys’ fee award treated as a prepetition claim.