Legal Opinion
Pagel v. Dairy Farmers of America, Inc.
District Court, C.D. California
Decided December 11, 2013No. Case No. CV 13-2382 SVW (VBKx)PublishedCited by 9 opinions
1Opinion of the Court
ORDER DENYING PLAINTIFF’S MOTION FOR REMAND
STEPHEN V. WILSON, District Judge.
This is a wage and hour dispute that was filed in the Ventura County Superior Court and removed here under the Class Action Fairness Act of 1995 (“CAFA”). The question presented by the motion for remand is whether civil penalties sought by plaintiff under California’s Private Attorney General Act (“PAGA”), Cal. Labor Code § 2699, are included in the amount in controversy for purposes of determining jurisdiction under 28 U.S.C. § 1332(d)(2). If they are not — or if the 75% of any PAGA penalty recovery that must be…
2Cases cited32 opinions
- Saint Paul Mercury Indemnity Co. v. Red Cab Co.Supreme Court of the United States · 1938
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- Antonio Abrego Abrego v. The Dow Chemical Co Shell Oil Company, D/B/A Shell Chemical Company, and Shell Agricultural Chemical CompanyCourt of Appeals for the Ninth Circuit · 2006
- Bragdon v. AbbottSupreme Court of the United States · 1998
- Snyder v. HarrisSupreme Court of the United States · 1969
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3Cited by9 opinions
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- Dylon Dykstra, individually and on behalf of all others similarly situated v. The Shield Co Management, LLC, an Arizona limited liability company, d/b/a Ecoshield Management Co, LLC; and Does 1-20District Court, W.D. Washington · 2025
- Mark Bockrath v. Apartment Investment and Management CompanyDistrict Court, C.D. California · 2020
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