Nicholas Harris v. Elevance Health, Inc.

I. BACKGROUND

Plaintiff commenced this action in Los Angeles County Superior Court on May 2, 2024. (Complaint (Docket No. 1-2)). Plaintiff alleges that while on medical leave Defendants, as his employers, discriminated against him for his severe neurological issues, put him on an unjustified performance improvement plan, and ultimately terminated him. (Id. ¶ 1). Based on these allegations, Plaintiff alleges six claims for relief: (1) disability- based discrimination in violation of the Fair Employment and Housing Act (“FEHA”); (2) failure to prevent discrimination in violation of FEHA; (3) retaliation under the California Family Rights Act (“CFRA”); (4) leave interference under CFRA; (5) wrongful termination in violation of public policy; and (6) failure to provide personnel records in violation of California Labor Code section 1198.5. On May 13, 2024, Defendants removed this action based on the Court’s diversity jurisdiction. (Notice of Removal (“NOR”) ¶ 9 (Docket No. 1)). Defendants state in the Notice of Removal that, excluding BCC, there is complete diversity of citizenship. (Id. ¶ 14(c)). Defendants argue that BCC should be disregarded because it is a “sham…