Bonetti

INTRODUCTION

18 In this putative wage-and-hours class action filed in state court and removed to federal court, the 19 plaintiff sued his former employer TriStruX LLC, his supervisor James Cortez, and John Kelly, the 20 head of West Coast operations, asserting state-law wage-and-hours claims, including a failure to 21 pay minimum and overtime wages and provide meal and rest breaks. The defendants asserted 22 diversity jurisdiction under the Class Action Fairness Act (CAFA), 28 U.S.C. § 1332(d), and moved 23 to compel arbitration.1 The plaintiff moved to remand on the ground that TriStruX did not establish 24 that the amount in controversy exceeds $5 million, as required by CAFA.2 The court denies the 25 26 27 1 Notice of Removal – ECF No. 1; Mot. – ECF No. 8. Citations refer to material in the Electronic Case File (ECF); pinpoint citations are to the ECF-generated page numbers at the top of documents. motion to remand and compels arbitration without prejudice to the plaintiff’s asserting a PAGA representative claim. The UCL claim is dismissed without prejudice to asserting it in state court. The court stays the case until the arbitration is complete. 4 …