Does a party have the burden of proving that the local controversy exception applies here?
MultiRegion, United States of America
The following excerpt is from Waller v. Hewlett-Packard Co., CASE NO. 11cv0454-LAB (RBB) (S.D. Cal. 2011):
Plaintiff bears the burden of showing that the local controversy exception applies here, and that remand is appropriate. Serrano v. 180 Connect, Inc., 478 F.3d 1018, 1021-22 (9th Cir. 2007) ("[W]e conclude that the party seeking remand bears the burden to prove an exception to CAFA's jurisdiction."). The argument that the exception does apply, however, hardly gets off the ground.
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