Anthony Villa filed the proposed class action in San Benito County Superior Court on behalf of current and former hourly employees of C&W Facility Services Inc. and related Cushman & Wakefield entities. Villa alleged the companies violated California labor laws by failing to pay minimum and overtime wages, provide proper meal and rest breaks, and reimburse business expenses. The defendants removed the case to federal court in December under CAFA.
Judge Wise found that defendants met their burden of proving the amount in controversy exceeds CAFA's $5 million threshold, calculating over $7 million in potential damages on meal period and overtime claims alone. "Defendants' calculations, the amount in controversy on Plaintiff's meal period claim and overtime wages claim adds up to $7,280,000, which is well over the $5,000,000 threshold under CAFA," Wise wrote. The court relied on defendants' estimates of 5,000 class members and conservative violation rates of one meal period violation per two-week period.
Villa had originally sued in state court but defendants removed the case on December 12, 2025, asserting federal jurisdiction. Villa argued the removal was procedurally defective because defendants waited 10 days to notify the state court and that CAFA's local and home state controversy exceptions should apply to keep the case in state court.
The court rejected Villa's procedural arguments, finding that a 10-day delay in filing notice with the state court was not grounds for remand. Judge Wise also ruled that the local controversy exception didn't apply because a similar class action against the same defendants was filed within the previous three years, and that the California-based defendants employed less than 1% of the putative class, making them non-primary defendants under the home state exception.