Gustavo Jr Leyva v. Old Dominion Freight Line, Inc.
Opinion
Trial Court Opinion
I. Background
On May 16, 2024, Plaintiff filed this action in Los Angeles County Superior Court (“Superior Court”) against Defendant, Jonathan Doe, and Hector Doe, purporting to allege 12 causes of action. See generally Notice of Removal, Dkt. # 1, Ex. A (“Compl.”). Defendant is a Virginia Corporation doing business in Los Angeles County, while Jonathan Doe and Hector Doe are alleged residents of Los Angeles County. Id. ¶ 3–5. Jonathan Doe and Hector Doe, Plaintiff’s fellow coworkers, allegedly subjected Plaintiff to harassment. Id. ¶ 26. On June 21, 2024, Defendant filed its notice of removal asserting that this Court has original jurisdiction of the action based on diversity of citizenship. See Notice of Removal. On July 17, 2024, Plaintiff filed the motion to remand asserting that this action was improperly removed because (1) Defendant failed to show that there is no possibility that Plaintiff can state a cause of action against Jonathan Doe and Hector Doe, and (2) there is no complete diversity of citizenship. See generally Mot. On July 30, 2024, Plaintiff amended the complaint to substitute