Bertha Camacho de Cedillo v. Home Depot U.S.A. Inc.

I. Introduction

On June 27, 2024, Bertha Camacho de Cedillo (“Plaintiff”) filed this action against Home Depot U.S.A., Inc. (“Defendant” or “Home Depot”), Brian Stenberg (“Stenberg” or “Defendant Stenberg”) and Does 1– 100 (collectively, “Defendants”) in the Los Angeles County Superior Court. Dkt. 1-2 (the “Complaint”). The Complaint advances four causes of action: (1) discrimination in violation of the Fair Employment & Housing Act (“FEHA”); (2) retaliation in violation of FEHA; (3) harassment in violation of FEHA; and (4) failure to prevent discrimination, harassment, and retaliation in violation of FEHA. Id. ¶¶ 21–50. Only the third cause of action is alleged against Defendant Stenberg. Id. at 11. On August 22, 2024, Defendants filed a notice of removal. Dkt. 1.

On September 9, 2024, Plaintiff filed a Motion to Remand to State Court (the “Motion”). Dkt. 13. On September 26, 2024, Defendants filed an opposition to the Motion (the “Opposition”). Dkt. 15. On September 30, 2024, Plaintiff filed a reply to the Motion (the “Reply”). Dkt. 22.

A hearing on the Motion was held on November 4, 2024, and it was taken under submission. Dkt. 28. For the reasons stated in this Order, the…