Bonilla

Bonilla v. Starwood Hotels & Resorts Worldwide, Inc.

Good Law
407 F. Supp. 2d 1107·2005 WL 3597690·2005 U.S. Dist. LEXIS 38524
United States District Court, Central District of CaliforniaFebruary 23, 2005CV 04-9025 CBM(SSX)California3,167 words

Opinion

Opinion

Marshall, J.

ORDER GRANTING PLAINTIFFS’ MOTION TO REMAND

The matter before the Court, the Honorable Consuelo B. Marshall, Chief Judge, presiding, is Plaintiffs’ motion to remand. The ties appeared before the Court for oral argument on January 24, 2005. Based on the papers filed and the arguments submitted, the Court GRANTS Plaintiffs’ motion to remand.

JURISDICTION

Whether or not this Court has jurisdiction is the issue before the Court. Defen dants removed this case to federal court, alleging federal question jurisdiction, 28 U.S.C. § 1331 , pursuant to 29 U.S.C. § 185 (Labor-Management Relations Act), and 28 U.S.C. § 1337 . Plaintiffs filed the present motion to remand, arguing that any questions of law that arise under federal law are defenses and therefore inappropriate grounds for removal.

BACKGROUND & PROCEDURAL HISTORY

Plaintiffs are present and former employees of Defendant Starwood Hotels & Resorts Worldwide, Inc. (“Starwood”) and work at either the Westin Century Plaza & Spa (“Century Plaza”) or the St. Regis Los Angeles (“St. Regis”), both of which are managed and operated by Defendant. During their employment with Defendant, Plaintiffs were covered by one of four different…

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