What is the burden of determining the amount of damages in controversy when a complaint does not specify the damages sought?
MultiRegion, United States of America
The following excerpt is from Denton v. G4S Secure Solutions (USA) Inc., No. 2:13-cv-02037-KJM-KJN (E.D. Cal. 2014):
When the complaint as here does not specify the amount of damages sought, the burden is on the removing defendant to show by a preponderance of the evidence that the amount in controversy is satisfied. Sanchez v. Monumental Life Ins. Co., 102 F.3d 398, 404 (9th Cir. 1996). That is, the removing defendant must provide evidence establishing that it is "more likely than not" that the amount in controversy exceeds the jurisdictional amount. Id.
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