Farley v. Dolgen California LLC, No. 2:16-cv-02501 (E.D. Cal. Aug. 9, 2017).
In this action, while granting the plaintiffs’ motion to remand, a district court in California found that when the plaintiffs challenge the defendant’s calculation of the amount in controversy, the defendant faces a heightened burden to support its calculation by a preponderance of evidence.
The plaintiffs brought a putative class action in San Joaquin County Superior Court alleging, inter alia, meal period and rest break violations, waiting time penalties, and wage statement penalties. The putative class included the defendant’s current or former non-exempt retail employees who were unable to take proper rest or meal breaks because they were the only employees on duty with “key carrier” responsibility.