Judy Breitman v. May Company California, a Division of the May Department Stores Company

Appellant Judy Breitman raises two issues in this appeal. First, Breitman challenges the district court’s denial of her motion to remand to state court on the basis that the court improperly determined that jurisdiction based on diversity of citizenship was proper in California. Second, Breitman challenges the district court’s grant of summary judgment to May Company on her breach of contract and age discrimination claims.

This action was brought in state court and removed on the grounds of diversity of citizenship. Breitman challenges the jurisdiction of the district court in this appeal. We have jurisdiction over Breitman’s timely appeal pursuant to 28 U.S.C. § 1291 . We affirm in part, reverse in part, and remand.

I. Background

Judy Breitman was employed by May Company for ten years. Most recently, she served as Divisional Vice President of Public Relations and Special Events. In October, 1991, Breitman and her three staff members were required to be in Santa Maria, California, to make arrangements for the opening of a new store. Breitman also hired a temporary employee, Tracy Edgeston, to assist with the opening. Breitman was authorized to do so, and had frequently done so…