Busey

ORDER GRANTING DEFENDANTS’ MOTION TO DISMISS IN PART AND REMANDING ACTION TO STATE COURT

I. INTRODUCTION

On December 8, 2004, Christopher Bu-sey (hereafter “Plaintiff’ or “Busey”) brought this action for wrongful discharge and related torts against P.W. Supermarkets, Inc., a corporation, and two of its employees, Amber Del Monte, and Joylyn Buck (collectively “Defendants”) in the Superior Court of Santa Clara County. On January 13, 2005, Defendants removed this matter from state court on grounds of federal preemption. Specifically, Defendants contend that Plaintiffs employment relationship was covered by a collective bargaining agreement, and that his claims are governed by Section 301 of the Labor Management Relations Act Section 301 (“LMRA” or “Section 301”). see 29 U.S.C. § 185 (a).

Defendants have filed a motion to dismiss pursuant to Rule 12(b)(6) for the Federal Rules of Civil Procedure. This motion requires the Court to determine whether Plaintiffs causes of action under California law, including defamation, breach of contract and wrongful discharge, intentional infliction of emotional distress, and negligent training and supervision, are preempted by the LMRA.…