Padilla

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 NORTHERN DISTRICT OF CALIFORNIA 9 ELIZABETH PADILLA, et al., 10 Case No. 25-cv-07642-RS Plaintiffs, 11 v. ORDER GRANTING IN PART 12 MOTION TO DISMISS

WESTERN TRAFFIC CONTROL, INC.,

13 Defendant. 14

15 I. INTRODUCTION 16 Defendant Western Traffic Inc.’s motion to dismiss Plaintiffs’ state labor law claims 17 hinges on a collective bargaining agreement. Defendant argues that agreement triggers federal 18 preemption over all of Plaintiffs’ claims; requires compliance with internal grievance procedures 19 with which Plaintiffs have not pled compliance; and waives Plaintiffs’ rights to bring these claims. 20 Finding that some of Plaintiffs’ claims arise out of the collective bargaining agreement rather than 21 state law, they are preempted by federal law and must be dismissed for failure to comply with the 22 collective bargaining agreement. Accordingly, Defendant’s motion to dismiss is granted in part as 23 set forth below. 24 …