Nisbet
Nisbet v. Southern Tire Mart, LLC
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 JOSHUA NISBET, Case No. 5:24-cv-07653-PCP
Plaintiff,
ORDER DENYING MOTION TO
v. REMAND
SOUTHERN TIRE MART, LLC, Re: Dkt. No. 14 Defendant.
Plaintiff Joshua Nisbet, a former employee of Southern Tire Mart, filed this putative state- law wage and hour class action in Santa Clara County Superior Court. Southern Tire Mart subsequently removed the case to federal court, asserting that this Court has jurisdiction under the Class Action Fairness Act (CAFA), 28 U.S.C. § 1332(d)(2). Nisbet moves to remand for lack of subject matter jurisdiction. For the following reasons, the motion is denied. BACKGROUND Nisbet, a former employee of Southern Tire Mart, filed this putative wage and hour class action on behalf of persons employed by Southern Tire Mart in California as non-exempt employees during the four years before the filing of the complaint. He asserts eight causes of action: (1) failure to pay…