A proposed class action against Barnard Construction Co. alleging wage-and-hour violations will remain in federal court, after the Southern District of California found the company’s removal from state court was timely.
The 30-day removal deadline was never triggered because neither the first nor the amended complaint revealed the parties were minimally diverse or that the amount in controversy exceeded $5 million, Judge Anthony J. Battaglia of the US District Court for the Southern District of California ruled Wednesday. The company was therefore free to remove the case to federal court at any time, Battaglia said.
The complaint includes claims of ...
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