Cuenca

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 NICHOLAS CUENCA, No. 2:24-cv-03404-SCR Plaintiff, v. MEMORANDUM OPINION AND ORDER QUEST SERVICE GROUP, LLC,

Defendant. 16 The parties have consented to proceed before the undersigned United States Magistrate Judge pursuant to 28 U.S.C. § 636. ECF No. 15. Before the Court is Plaintiff’s motion to remand this action to state court. ECF No. 7. Opposition and Reply briefs have been filed (ECF Nos. 8, 11) and the Court heard oral argument on the motion on January 30, 2025. For the reasons set forth herein, the Court lacks subject matter jurisdiction and remands the action to state court. I. Background and Procedural History Plaintiff Nicholas Cuenca filed this putative class-action in the Sutter County Superior Court on June 14, 2024. ECF No. 1-2. The complaint brings wage and hour claims under the California Labor Code. Id. at 6. Because all the claims asserted arise under state law, Defendants 27 …