Legal Opinion
Tiffany Brinkley v. Monterey Financial Services
Court of Appeals for the Ninth Circuit
Decided October 20, 2017No. 17-56335PublishedCited by 57 opinions
1Opinion of the Court
OPINION
M. SMITH, Circuit Judge:
Monterey Financial Services, Inc. and Monterey Financial Services, LLC (collectively, Monterey) appeal the district court’s grant of Tiffany Brinkley’s (Brinkley) motion to remand this class action to California state court. We conclude that Brinkley did not meet the requirements of the Class Action Fairness Act’s (CAFA) home-state controversy exception because she did not prove that two-thirds of all class members are California citizens. We therefore vacate the district court’s remand order, and remand to that court for further proceedings.
FACTUAL AND…
2Cases cited7 opinions
- Jose Mondragon v. Capital One Auto FinanceCourt of Appeals for the Ninth Circuit · 2013
- Laura Jordan v. Nationstar Mortgage LLCCourt of Appeals for the Ninth Circuit · 2015
- Serrano v. 180 Connect, Inc.Court of Appeals for the Ninth Circuit · 2007
- Bush v. Cheaptickets, Inc.Court of Appeals for the Ninth Circuit · 2005
- Washington v. Chimei Innolux Corp.Court of Appeals for the Ninth Circuit · 2011
2 more not listed; retrieve them via the Exa API.
3Cited by57 opinions
- Adrianne Adams v. West Marine Products, Inc.Court of Appeals for the Ninth Circuit · 2020
- Bartels Ex Rel. Bartels v. Saber Healthcare Group, LLCCourt of Appeals for the Fourth Circuit · 2018
- Kris Kenny v. Wal-Mart Stores, Inc.Court of Appeals for the Ninth Circuit · 2018
- Celena King v. Great American Chicken Corp.Court of Appeals for the Ninth Circuit · 2018
- Beasley v. Lucky Stores, Inc.District Court, N.D. California · 2019
52 more not listed; retrieve them via the Exa API.