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MONDRAGON v. CAPITAL ONE AUTO FINANCE

No. 13-56699.

736 F.3d 880 (2013)

Jose MONDRAGON, individually and on behalf of all others similarly situated, Plaintiff-Appellee, v. CAPITAL ONE AUTO FINANCE, a Division of Capital One, N.A., Defendant-Appellant, and Ron Baker Chevrolet, a California Corporation, Defendant.

United States Court of Appeals, Ninth Circuit.

Filed November 27, 2013.

Attorney(s) appearing for the Case

Hunter R. Eley (argued), William H. Edmonson , and Johari N. Townes , Doll Amir & Eley LLP, Los Angeles, CA; David N. Anthony , Alan D. Wingfield , and Nicholas R. Klaiber , Troutman Sanders LLP, Richmond, VA, for Defendant-Appellant.

Christopher P. Barry (argued) and Lacee B. Smith , Rosner, Barry & Babbitt, LLP, San Diego, CA, for Plaintiff-Appellee.

Before: GOODWIN, FISHER, and CLIFTON, Circuit Judges.

OPINION

CLIFTON, Circuit Judge:

This case presents another issue under the Class Action Fairness Act of 2005 ("CAFA"), Pub.L. No. 109-2, 119 Stat. 4. Defendant-Appellant Capital One Auto Finance appeals the district court's order remanding a putative class action lawsuit to California state court under CAFA's "local controversy" exception to federal jurisdiction, 28 U.S.C. § 1332(d)(4)(A). Plaintiff Jose Mondragon, as the party seeking remand to state...

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