Luna
Luna v. Kemira Specialty, Inc.
Opinion
Opinion
Morrow, J.
ORDER DENYING PLAINTIFF’S MOTION TO REMAND; GRANTING DEFENDANT’S MOTION TO DISMISS
On June 11, 2008, John S. Luna commenced an action in Los Angeles Superior Court against Kemira Speciality, Inc. (“Kemira”), formerly known as Tri-K Industries, Inc., and certain fictitious defendants. On July 25, 2008, Kemira removed the action to federal court, invoking diversity jurisdiction under 28 U.S.C. § 1332 . It filed a motion to stay the case pursuant to 9 U.S.C. § 3 , or alternatively, to dismiss, or transfer venue pursuant to 28 U.S.C. § 1404 on August 1. On August 6, 2008, plaintiff filed a motion to remand to state court. This order addresses both of the pending motions.
I. FACTUAL & PROCEDURAL BACKGROUND
A. Plaintiffs Complaint
John S. Luna filed this action in Los Angeles Superior Court on June 11, 2008. Luna is a California resident living in Palmdale, California. Kemira Speciality, Inc., formerly known as Tri-K Industries, Inc., is incorporated in and has its principal place of business in New Jersey. Kemira manufactures and distributes chemicals and other ingredients used to make cosmetics. Luna was employed by Kemira for 26 years as a commissioned sales representative; his…