Le
Le v. Applied Biosystems
Opinion
Opinion
Jensen, J.
ORDER OF REMAND
On April 26, 1995, the Court heard arguments on plaintiff’s motion for remand. Having considered the arguments of counsel, the applicable law, and the papers submitted, the Court hereby GRANTS plaintiffs motion.
I. BACKGROUND
A. Procedural History
Plaintiff Joe Le’s Second Amended Complaint was filed on January 24, 1995. Defendants timely answered the complaint in San Mateo County Superior Court on February 24, 1995. Also on February 24, 1995, defendants removed the action to this Court, contending that the Employee Retirement Income Security Act (“ERISA”), 29 U.S.C. §§ 1001 et seq. preempted plaintiffs fourth cause of action.
B. Factual Background
After approximately seven years of employment with defendant Applied Biosystems, plaintiffs Joe Le’s employment was terminated. Plaintiff says that defendants, including plaintiffs supervisor, defendant Bruce Alleman, claimed that plaintiff had played a computer game during work hours, in contravention of purported company policy. Despite plaintiffs denial of this allegation, he was fired. He was terminated just two days after he informed his employer that his daughter required a liver transplant operation and…