Garcia

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 JUAN GARCIA, Case No. 24-cv-03068-JSC

Plaintiff, ORDER RE: DEFENDANTS’ MOTION

TO DISMISS

v. 9 Re: Dkt. No. 82 JAY BRADSHAW, et al., Defendants.

12 Juan Garcia brings a putative class action complaining the defendant union trust funds refuse to accept payments from his employer, Accurate Firestop Inc. (“AFI”), made pursuant to an expired collective bargaining agreement (“CBA”). (Dkt. No. 75-4.) Now pending before the Court is Defendants’ motion to dismiss Plaintiff’s First Amended Complaint (“FAC”). (Dkt. No. 82.) After carefully considering the parties’ written submissions, and having had the benefit of oral argument on February 20, 2025, the Court GRANTS Defendants’ motion to dismiss without leave to amend, but also without prejudice. As Plaintiff’s claims depend on the Court deciding the union represents AFI’s employees, and the National Labor Relations Board (“NLRB”) ruled the union does not, the Court must decline to exercise jurisdiction over…