Roth

Roth v. Comerica Bank

Good Law
799 F. Supp. 2d 1107·2010 WL 6982510·2010 U.S. Dist. LEXIS 143404
United States District Court, Central District of CaliforniaAugust 31, 2010Case CV 10-03818 MMM (PLAx)California11,955 words

Opinion

Opinion

Morrow, J.

ORDER GRANTING PLAINTIFF’S MOTION FOR REMAND

On March 19, 2010, Gregory Roth filed this putative class action in Los Angeles Superior Court against Comerica Bank, Comerica Incorporated, and Comerica Management Company, Inc. On May 20, 2010, defendants removed the action to federal court, invoking jurisdiction under the Class Action Fairness Act of 2005 (“CAFA”), codified at 28 U.S.C. § 1332 (d). Plaintiff has now filed a motion to remand, which defendants have opposed.

I. FACTUAL AND PROCEDURAL BACKGROUND

Defendants employed Roth as a Customer Service Representative or “teller” from June 20, 2005 to May 30, 2008 at a retail banking center in Cerritos, California. In this position, Roth was a non-exempt, hourly employee, earning $13 an hour.

Roth, who is a California resident, alleges that defendants own and operate forty-five Comerica bank centers in California. He seeks to bring claims on behalf of “[a]ll current and former non-exempt and/or hourly paid tellers, or persons with similar titles and/or similar job duties, who worked for Comerica in the State of California at any time during the period from four years prior to the filing of this Complaint to final judgment.”…

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