Porfiria Yocupicio v. Pae Group, LLC

Porfiria Yocupicio appeals the district court’s denial of her motion to remand this matter to the Superior Court of the State of California, County of Los Angeles (“Superior Court”) after PAE Group, LLC, and Arch Resources Group, LLC (collectively, “Arch”) removed it pursuant to the provisions of the Class Action Fairness Act of 2005, Pub.L. No. 109-2, 119 Stat. 4 (codified in scattered sections of 28 U.S.C.) (“CAFA”). The district court determined that it had diversity jurisdiction over the action because it was a class action that came within the CAFA provisions. See 28 U.S.C. § 1332 (d). We reverse and remand.

BACKGROUND

Yocupicio filed this action against Arch in the Superior Court based upon allegations of numerous violations by Arch of the California Labor Code. See, e.g., Cal. Lab. Code §§ 201 (timely pay), 226.7 (meal and rest periods), 512 (meal periods), 1194 (minimum wages). The complaint alleged ten causes of action, the first nine of which were brought as class claims on behalf of Yocupicio and “certain current and former employees” of Arch. The tenth cause of action, however, was not brought as a class claim; it was brought as a representative claim under…