Dunn v. Pepsi-Cola Metropolitan Bottling Co.

OPINION AND ORDER

ORRICK, District Judge.

In a motion to remand this case to state court, plaintiff raises a question of first impression; namely, whether in a diversity action she can escape federal jurisdiction by limiting her recovery in the ad damnum clause in the prayer of the complaint, filed in a California court, to an amount just below the jurisdictionally required $50,000. Plaintiff claims that, notwithstanding her damage allegations of more than twice the jurisdictional minimum, her ad damnum clause purporting to waive damages exceeding $49,900 should defeat federal jurisdiction.…