Dominguez

Dominguez v. 10 Roads Express, LLC

Good Law
United States District Court, Northern District of CaliforniaJuly 11, 20243:24-cv-02409California971 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

DAVID JR. DOMINGUEZ,

Case No. 24-cv-02409-RS Plaintiff, 11 v. ORDER GRANTING MOTION TO REMAND 10 ROADS EXPRESS, LLC, et al., 13 Defendants.

15 Plaintiff filed this putative class action in Alameda Superior Court asserting a variety of state law wage and hour claims against defendant 10 Roads Express, LLC and an individual. Defendants removed to this court, asserting both federal question and diversity jurisdiction. Defendants have withdrawn the claim of diversity jurisdiction, however, and the sole issue now is whether there is a federal question to support removal on that basis. Because there is not, plaintiff’s motion to remand will be granted.1 The party seeking removal bears the burden of establishing federal jurisdiction. Provincial Gov’t of Marinduque v. Placer Dome, Inc., 582 F.3d 1083, 1087 (9th Cir. 2009). “The removal statute is strictly construed, and any doubt about the right of removal…

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