Jones v. Tonal Systems, Inc.

CourtDistrict Court, S.D. California
DecidedFebruary 2, 2024
Docket3:23-cv-01267
StatusUnknown

This text of Jones v. Tonal Systems, Inc. (Jones v. Tonal Systems, Inc.) is published on Counsel Stack Legal Research, covering District Court, S.D. California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Jones v. Tonal Systems, Inc., (S.D. Cal. 2024).

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 JULIE JONES, individually and on behalf Case No.: 3:23-cv-1267-JES-BGS of all others similarly situated, 12 ORDER DENYING PLAINTIFF’S Plaintiffs, 13 MOTION TO REMAND AND v. REQUEST FOR JURISDICTIONAL 14 DISCOVERY TONAL SYSTEMS, INC., and DOES 1- 15 100, inclusive, 16 Defendants. 17 18 19

20 I. BACKGROUND 21 Before the Court is Plaintiff Julie Jones’ motion to remand to state court her class 22 action against Defendants Tonal Systems, Inc. (“Tonal”) and John Does 1-100 pursuant 23 to the mandatory home-state controversy exception of the Class Action Fairness Act 24 (“CAFA”). 28 U.S.C. § 1332(d)(4)(B). Tonal is a California-headquartered manufacturer 25 of internet-enabled home fitness equipment. Complaint, ECF No. 1-2 ¶ 4. Jones’ 26 Complaint, filed originally in the Superior Court of California, accuses Tonal of 27 “allow[ing] Third Parties to “wiretap and eavesdrop on the chat conversations of all its 28 1 website visitors” in violation of the California Invasion of Privacy Act (“CIPA”), Cal. 2 Penal Code §§ 630-638; California’s Unfair Competition Law (“UCL”), Cal. Bus. & 3 Prof. Code § 17200, et seq.; and the California Constitution’s right to privacy provision, 4 Cal. Const. art. I, § 1. Compl. ¶ 13. Defendants removed the action to this Court, and 5 Plaintiffs timely filed the instant motion to remand it. For the foregoing reasons, the 6 motion is DENIED. 7 II. PLAINTIFF’S BURDEN UNDER THE MANDATORY HOME STATE 8 CONTROVERSY EXCEPTION TO CAFA 9 CAFA vests federal district courts with original jurisdiction over class actions of 10 100 or more members with minimal diversity and an aggregate amount in controversy 11 exceeding $5,000,000. 28 U.S.C. § 1332(d)(2), (d)(5). CAFA contains two mandatory 12 exceptions under which district courts “shall decline to exercise jurisdiction”—the “local 13 controversy” exception and the “home-state controversy” exception. 28 U.S.C. § 14 1332(d)(4). The parties agree that only the latter is in dispute. ECF No. 19 at 1, fn. 1; 15 ECF No. 20 at 2, fn. 1. Under the home-state controversy exception, federal district 16 courts must decline jurisdiction over actions with 100 or more members and more than 17 $5,000,000 in controversy when “two-thirds or more of the members of all proposed 18 plaintiff classes in the aggregate, and the primary defendants, are citizens of the State in 19 which the action was originally filed.” 28 U.S.C. § 1332(d)(4)(B). It is not contested that 20 Tonal is a citizen of California, where Plaintiff filed her case, and the Plaintiff does not 21 dispute that the prospective damage amount underlying defendant’s removal notice 22 surpasses $5,000,000. The questions on this motion, then, are (1) whether Plaintiff has 23 cleared her evidentiary burden to show that two thirds of the plaintiff class are California 24 citizens and (2) whether jurisdictional discovery should be permitted to establish the 25 same. 26 In this Circuit, the party seeking remand (nearly always the plaintiff) bears the 27 burden of establishing that the home-state controversy applies and requires remand. 28 Serrano v. 180 Connect, Inc., 478 F.3d 1018, 1022 (9th Cir. 2007). Plaintiffs must 1 demonstrate by a preponderance of the evidence that the Defendants and at least two 2 thirds of proposed class members in aggregate are California citizens. The burden on the 3 Plaintiff “should not be exceptionally difficult to bear.” Mondragon v. Capital One Auto 4 Finance, 736 F.3d 880, 886. However, “there must ordinarily be facts in evidence to 5 support” findings related to class citizenship. Id., 881-882. 6 A natural person’s state citizenship is determined by her state of domicile. “A 7 person's domicile is her permanent home, where she resides with the intention to remain 8 or to which she intends to return.” Kanter v. Warner-Lambert Co., 265 F.3d 853, 857 (9th 9 Cir. 2001). Residency and citizenship are thus not the same thing. “[A] residential 10 address in California does not guarantee that the person's legal domicile was in 11 California.” King v. Great American Chicken Corp., Inc., 903 F. 3d 875, 879 (9th Cir. 12 2018). Further, Mondragon declined to address or adopt a presumption that residential 13 information constitutes prima facie evidence of domicile. Mondragon at 885-886. It said 14 only that district courts are to “consider ‘the entire record’ to determine whether evidence 15 of residency can properly establish citizenship.” Id. at 879. 16 Absent a factual stipulation that the two-thirds requirement has been met, such a 17 finding can at least in theory be made from the class definition alone. “A pure inference 18 regarding the citizenship of prospective class members may be sufficient if the class is 19 defined as limited to citizens of the state in question, but otherwise such a finding should 20 not be based on guesswork.” Mondragon at 881-882 (9th Cir. 2013). The Ninth Circuit 21 has construed “guesswork” broadly in this context, and acknowledged that Plaintiff’s 22 burden may “require evidentiary proof of propositions that appear likely on their face.” 23 Id. at 884. In Mondragon, the Court explicitly found it “likely that most of the 24 prospective class members—we would guess more than two-thirds of them—were 25 California citizens at the time the lawsuit was filed,” and then vacated the district court’s 26 remand order. Id. Five years later in King, the Ninth Circuit again vacated a remand order 27 where the defendant had already stipulated that “at least 67%” of the employees making 28 up the putative class had last known residential addresses in California. 903 F. 3d 875, 1 876. The Court reasoned that the defendant’s stipulation left too narrow of a “cushion” 2 between the § 1332(d)(4) exception’s two-thirds requirement and the possibility that 3 putative class members’ residential addresses would not indicate California citizenship— 4 whether because class members had moved, were not U.S. citizens, or held California 5 addresses on a temporary basis. Id. at 879. 6 In support of her remand motion, the Plaintiff points to the class definition and 7 “common sense,” as well as the Court’s ability to make “reasonable inferences from facts 8 in evidence.” ECF No. 20 at 2, citing Mondragon. Plaintiffs have defined the class as: 9 All persons within the state of California who within the statute of limitations period: (1) communicated with Defendant via the chat feature on 10 the Website, and (2) whose communications were recorded and/or 11 eavesdropped upon in real time by Drift or any other third party without prior consent. Compl. ¶ 32 (ECF No. 1-2). 12

13 The class definition is thus not limited to California citizens. Instead, Plaintiff infers that 14 because Tonal makes “home fitness” equipment (emphasis original), more than two 15 thirds of people accessing the Defendant’s customer service chat feature while in 16 California also reside and are domiciled there.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

United States v. James Martorano
557 F.2d 1 (First Circuit, 1977)
In Re Blinds to Go Share Purchase Litigation
443 F.3d 1 (First Circuit, 2006)
Boschetto v. Hansing
539 F.3d 1011 (Ninth Circuit, 2008)
Jose Mondragon v. Capital One Auto Finance
736 F.3d 880 (Ninth Circuit, 2013)
Serrano v. 180 Connect, Inc.
478 F.3d 1018 (Ninth Circuit, 2007)
Celena King v. Great American Chicken Corp.
903 F.3d 875 (Ninth Circuit, 2018)

Cite This Page — Counsel Stack

Bluebook (online)
Jones v. Tonal Systems, Inc., Counsel Stack Legal Research, https://law.counselstack.com/opinion/jones-v-tonal-systems-inc-casd-2024.