Lim

Lim v. Prudential Insurance Co. of America

Good Law
36 F. App'x 267
United States Court of Appeals for the Ninth CircuitMay 17, 2002No. 00-56403; D.C. No. CV-99-13214-DTCalifornia1,596 words

Opinion

Lead Opinion

MEMORANDUM *

I. Procedural Background

Plaintiff Sally-Jane “SJ” Lim (“Lim”) filed a civil complaint in the Superior Court of the State of California for the County of Los Angeles, alleging the following causes of action against her employer, Prudential Insurance Company of America (“Prudential”): (1) wrongful termination in violation of public policy, (2) defamation, and (3) wrongful termination in breach of *269 employment agreement. Prudential removed the case pursuant to 28 U.S.C. §§ 1381 and 1441, and filed a motion to dismiss, which the district court granted without prejudice and with leave to amend, holding that the first and third causes of action were preempted by § 301 of the Labor Management Relations Act of 1947 (“LMRA”), 29 U.S.C. § 185 . Subsequently, the defamation claim was remanded to the state court.

Lim ultimately filed a second amended complaint consisting solely of her claim of wrongful termination in violation of public policy. Prudential again filed a motion to dismiss, while Lim filed a motion to remand. The district court first dealt with the latter motion. It examined the second amended complaint, and concluded that Lim’s state law claim was preempted…

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