Motion to Remand CIPA Claims to State Court ‘Must Be Denied,’ Says Tonal
Plaintiff Julie Jones seeks to remand her California Invasion of Privacy Act case against Tonal Systems to state court, but she does’t dispute “the core factors demonstrating” that Tonal properly removed the case to federal court (see 2308070008), said the…
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company’s opposition Thursday (docket 3:23-cv-01267) in U.S. District Court for Southern California in San Diego. Jones alleges Tonal, a maker of smart home fitness equipment, uses third parties' software to “secretly wiretap and eavesdrop on the private conversations of users of the chat features on Tonal’s website in real time” (see 2307110047). Jones never contests the company established the required elements to remove this putative class action to federal court under the Class Action Fairness Act, said Tonal’s opposition. She nonetheless seeks remand based on the purported application of CAFA’s “home-state controversy exception,” it said. As the party seeking to invoke the exception, Jones “must proffer facts showing by a preponderance of the evidence that two-thirds of all proposed class members are California citizens,” it said. She hasn’t carried her burden, and her motion for remand “must be denied,” it said.