Germann
Germann v. Vulcan Materials Co.
Opinion
Opinion
Moskowitz, J.
ORDER GRANTING PLAINTIFF’S MOTION TO REMAND; DENYING DEFENDANT’S MOTION TO DISMISS
This matter comes before the Court on plaintiffs motion to remand his case to the Superior Court of San Diego County and on defendant’s motion to dismiss plaintiffs complaint. Defendant removed the case based on federal question jurisdiction, 28 U.S.C. § 1331 , arguing that plaintiffs state law claim was an artfully pled cause of action arising under federal law. Concluding that removal jurisdiction is lacking, the Court grants plaintiffs motion to remand. Accordingly, the Court denies defendant’s motion to dismiss.
BACKGROUND
A. Factual History
Plaintiff, Robert E. Germann, was a concrete mixer driver who was fired by defendant, CalMat Concrete (“CalMat”), on November 17, 1998. During his employment, in April of 1998, plaintiff notified CalMat management that its drivers were violating hours of service laws as set forth in the California Vehicle Code. Thereafter, plaintiff filed a complaint with the California Highway Patrol. As a result, CalMat convened a meeting of all drivers, and a representative of the California Highway Patrol explained the hours of service regulations. According to…