Cecilia Hermosillo v. Apple Core Enterprises, Inc.

I.

INTRODUCTION

On August 23, 2024, Plaintiff Cecilia Hermosillo (“Plaintiff”) filed a Class Action Complaint (“Complaint”) against Defendant Apple Core Enterprises, Inc. (“Defendant”) and various Doe Defendants in the Superior Court of California, Riverside, alleging various California Labor Code violations. ECF Docket No. (“Dkt.”) 1-2. On September 30, 2024, Defendant filed a Notice of Removal pursuant to 28 U.S.C. §§ 1441, 1446, and 1453 asserting diversity jurisdiction. Dkt. 1. On October 30, 2024, Plaintiff filed a Motion to Remand. Dkt. 13.

The Court finds this matter appropriate for resolution without oral argument. See Fed. R. Civ. P. 78(b); L.R. 7-15. For the reasons stated below, the Court GRANTS Plaintiff’s Motion to Remand.

II.

BACKGROUND

As alleged in the Complaint, Plaintiff was employed by Defendant as an hourly, non-exempt worker from May 21, 2021 through May 22, 2024. Dkt. 1-2 ¶ 4.

On August 23, 2024, Plaintiffs filed a putative class action Complaint against Defendant in the Superior Court of California, Riverside. Dkt. 1-2. Plaintiffs filed their case as an Unlimited Action, alleging the amount demanded exceeds $35,000. Id. at 3. The Complaint…