Judge Threatens to Remand T-Mobile Fraud Case for Lack of Jurisdiction

U.S. District Judge Fernando Aenlle-Rocha for Central California in Los Angeles has reviewed defendant T-Mobile’s notice of removal of plaintiff Esperanza Rendon’s fraud complaint and “is presently unable to conclude” that his court has subject-matter jurisdiction under the Class Action Fairness Act, said the judge’s signed order Monday (docket 2:24-cv-01666). In particular, “and without limitation,” the court finds that the allegations in the notice of removal don’t demonstrate “by a preponderance of the evidence that the amount in controversy exceeds $5 million,” said the order. The judge ordered the parties, by Aug. 8, to show cause why the case shouldn’t be remanded to state court where it originated “for lack of subject matter jurisdiction because the amount in controversy does not exceed the jurisdictional threshold,” it said. Failure to timely respond to the order will result in the remand of the case “without further warning,” it said. Rendon is suing T-Mobile to challenge the “regulatory programs & telco recovery fee” it charges on its monthly invoices (see 2406170035). She also alleges that when she purchased additional phones from T-Mobile, she was charged for “add-on” device protection plans without her knowledge or consent.