Coleman

Coleman v. Estes Express Lines, Inc.

Good Law

730 F. Supp. 2d 1141·2010 WL 3156850·2010 U.S. Dist. LEXIS 79772

United States District Court, Central District of CaliforniaJuly 19, 2010Case No.: CV 10-2242 ABC (AJWx)California7,780 words

Opinion

Collins, J.

ORDER RE: PLAINTIFFS’ MOTION FOR ORDER REMANDING MATTER TO STATE COURT

Pending before the Court is Plaintiff Bradford Coleman’s Motion for Order Remanding Matter to State Court, filed on April 23, 2010. Defendants Estes Express Lines, Inc. (“Estes Express”), and Estes West d/b/a G.I.-Trucking Co. (collectively “Defendants”), opposed on May 24, 2010, and Plaintiff replied on June 1, 2010. The Court ordered the parties to submit supplemental briefs, which they filed on July 2, 2010, and July 12, 2010. The Court heard oral arguments on July 19, 2010. After considering the case file, extensive briefing, and arguments in this matter, thé Court GRANTS Plaintiffs motion and REMANDS this case to Los Angeles Superior Court where it was originally filed.

BACKGROUND

Plaintiff was employed by Estes Express and Estes West (dba G.I. Trucking) as a “Pickup & Delivery Driver” (or “P & D” Driver) from approximately October 2004 through September 10, 2009. (First Amended Compl. (“FAC”) ¶ 22.) Plaintiff filed his First Amended Complaint in Los Angeles Superior Court on February 25, 2010, styled as a class action. Plaintiffs two proposed classes are an “unpaid wage” subclass comprised of “[a]ll…

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