Melissa Marie Delgado v. Lakin Tire West, LLC

I. BACKGROUND

22 This is a wage-and-hour employment action filed by Plaintiff against 23 Defendant Lakin Tire West, LLC and Does 1 to 100, bringing one cause of action 24 under the Private Attorneys General Act of 2004 (“PAGA”) on behalf of herself and 25 other aggrieved employees. (Dkt. No. 1.) Plaintiff filed her complaint in Los 26 27 1 The underlying Labor Code violations of Plaintiff’s PAGA claims are for failure 28 Angeles Superior Court on August 13, 2024. On November 21, 2024, Lakin filed an answer. On December 9, 2024, Defendant removed the case to this Court on the grounds that Plaintiff’s claim is preempted by section 301 of the Labor Management Relations Act (“LMRA”) because Plaintiff brings her PAGA claim on behalf of aggrieved employees who were party to certain collective bargaining agreements (“CBAs”) with Lakin. (Id.) On January 17, 2025, Defendant filed a motion for judgment on the pleadings. (Dkt. No. 13.) On February 19, 2025, Plaintiff filed a motion to remand. (Dkt. No. 23.) Both parties have filed oppositions and replies in connection with the two motions. II. DISCUSSION …