Arellano

ORDER DENYING PLAINTIFF’S MOTION TO REMAND

ORDER DENYING REQUESTS FOR SANCTIONS

This matter comes before the court on plaintiffs motion to remand. For the reasons set forth below, plaintiffs motion is DENIED. In addition, both parties’ requests for sanctions are DENIED.

BACKGROUND

On January 22, 2002, plaintiff Oscar Ar-ellano, an employee of defendant Home Depot U.S.A., Inc. (“Home Depot”), urinated in the bushes behind the Home Depot store. Arellano was observed by a coworker, who reported the incident to management. The next day, Arellano provided Home Depot management with a note from his doctor explaining that he had an enlarged prostate causing him to urinate frequently. Arellano was suspended for three days and received a written reprimand from the store manager, Andrew Calica. Shortly thereafter, Home Depot terminated Arellano for inappropriate con duct. Mem. P. & A. Supp. Mot. Remand (“P & A”) at 2.

On August 7, 2002, Arellano commenced this action against Home Depot and Calica in California Superior Court, raising claims under the California Fair Employment and Practices Act, Cal. Gov’t Code §§ 12940 et. seq., and common law. See Compl. at' 4-12. Arellano and Calica…