Meyer

Meyer v. Irwin Industries, Inc.

Good Law
723 F. Supp. 2d 1237·2010 WL 2812668·2010 U.S. Dist. LEXIS 81713
United States District Court, Central District of CaliforniaJuly 16, 2010CV 10-03489 SJO (PJWx)California4,035 words

Opinion

Opinion

Otero, J.

ORDER GRANTING PLAINTIFF’S MOTION TO REMAND FOR LACK OF SUBJECT MATTER JURISDICTION [Docket No. 11]

This matter is before the Court on Plaintiff Kimo Meyer’s (“Plaintiff’) Motion to Remand for Lack of Subject Matter Jurisdiction, filed on June 14, 2010. Defendant Irwin Industries, Inc. (“Defendant”) filed an Opposition, to which Plaintiff replied. The Court found this matter suitable for disposition without oral argument and vacated the hearing set for July 12,2010. See Fed.R.Civ.P. 78(b). For the following reasons, Plaintiffs Motion to Remand is GRANTED.

I. BACKGROUND

On April 2, 2010, Plaintiff, who was previously employed by Defendant, filed suit in state court, on behalf of himself and others similarly situated, alleging the following causes of action: (1) unfair business practices in violation of California Business and Professions Code § 17200 et seq. (“§ 17200”); (2) violations of the Labor Code; (3) declaratory relief; (4) injunctive relief; and (5) attorneys’ fees. (See generally Compl.) Plaintiff alleges that Defendant did not pay for “all hours worked,” did not provide a second meal period when he worked more than ten hours in a day, and did not provide a third rest…

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