Villegas
Villegas v. the Pep Boys Manny Moe & Jack of Cal.
Opinion
Opinion
Pregerson, J.
ORDER DENYING FINAL APPROVAL OF SETTLEMENT AND REMANDING TO STATE COURT
This matter is before the Court on Plaintiff Jesse R. Villegas’ Motion for Final Approval of Class Action Settlement and class member Jose Machado’s Objection to Class Action Settlement. Villegas and Machado have brought similar actions against Defendant Pep Boys. Villegas v. Pep Boys, CV06-07642-DDP-VBK; Ma-chado v. Pep Boys, CV08-01469-DDP-VBK. After considering the papers submitted and considering the arguments therein, the Court finds that it lacks subject matter jurisdiction and remands both the Villegas and the Machado cases to state court. The Court, therefore, denies the motion for final approval of the class settlement.
I. BACKGROUND
Plaintiff Jesse R. Villegas (“Villegas”) filed a Complaint in Los Angeles Superior Court on October 20, 2006 against Defendant Pep Boys of California, his former employer. In his Complaint, Villegas alleged class-wide violations of California Labor Code 227 and California Business and Professions Code 17200 arising from Defendant’s failure to pay employees their accrued vacation pay. Defendant removed the case to this Court on November 30, 2006 on the grounds of ERISA…