Coria
Coria v. Recology, Inc.
Opinion
Lead Opinion
Donato, J.
Re: Dkt. No.
ORDER DENYING PLAINTIFF’S MOTION TO REMAND
Currently before the. Court is plaintiffs motion for an order remanding the case to state court and awarding costs and attorneys’ fees to plaintiff. Dkt. No. 16. The Court denies the motion.
BACKGROUND
Plaintiff filed this wage-and-hour class action against his former employer, Recol-ogy, Inc., in the California Superior Court for the County of San Francisco. Plaintiff was a truck driver for Recólogy, a waste management company. Among other things, plaintiff alleges that defendant had “a continuous policy of not paying Plaintiffs and those similarly situated for all hours ‘ worked. Specifically, Defendants and/or DOES have a continuous policy of clocking-out Plaintiffs and those similarly situated out [sic] for a thirty minute meal period, even though Plaintiffs and all members of the Class work through their meal periods.” Dkt. No. 1-2 ¶ 41. The complaint asserts ten causes of action against defendant, all under California statutory and common law, including various provi *1096 sions of the California Labor Code and Industrial Welfare Commission Orders. Id. ¶¶ 40-139.