Ruth L. Young v. Anthony's Fish Grottos, Inc. Anthony's Fish Grotto of La Jolla Anthony's Fish Grotto of La Mesa, Inc. And Ida Tagliaferri

Ruth Young appeals the district court’s assumption of removal jurisdiction and its subsequent grant of summary judgment in favor of Anthony’s Fish Grottos, Inc., related companies, and Ida Tagliaferri (collectively Anthony’s) of Young’s breach of contract and wrongful discharge claims. We affirm.

I.

BACKGROUND

Young began working for Anthony’s in 1974. In 1980 she organized employees in protest of an IRS audit of their tip income. In 1983 she quit. In April 1985 she agreed to return to work for Anthony’s as a waitress. She alleges a manager promised to employ her on the same terms as before, subject to discharge only for just cause. She reported to work on May 15 and was fired the same day.

The collective bargaining agreement (CBA) between Young’s union and Anthony’s classifies the waitress position as within the collective bargaining unit. Under the CBA an employee is on probation during the first thirty days of work and can be discharged at Anthony’s sole discretion. More senior employees can be discharged only for just cause.

Young sued Anthony’s in California court for breach of contract, wrongful discharge, breach of the implied covenant of good faith and fair dealing,…