Garnett
Garnett v. ADT LLC
Opinion
Lead Opinion
Shubb, J.
MEMORANDUM AND ORDER RE: MOTION TO REMAND
Plaintiff Shirley Garnett brought this putative class action against defendant ADT LLC, asserting claims arising out of the alleged failure to reimburse her and others for work-related expenses and failure to provide wage statements required by California law. Defendant removed the action from San Joaquin County Superior Court under the Class Action Fairness Act of 2005. 28 U.S.C. §§ 1332 (d), 1446. Plaintiff now moves to remand pursuant to 28 U.S.C. § 1447 (c).
I. Factual and Procedural History
Plaintiff worked for defendant during the four years preceding this lawsuit. (FAC ¶ 10 (Docket No. 1).) During that time, plaintiff alleges that defendant required her and other employees to use their personal vehicles in the course of performing their jobs without reimbursing them for the expenses they incurred. (Id. ¶¶ 19, 28.) Plaintiff also alleges that defendant failed to provide her and other employees with hard copies of their wage statements, as required by California law. (Id. ¶¶ 15, 23, 28.) Her First Amendment Complaint 1 (“FAC”) asserts claims under California Labor Code section 2802, California Business & Professions Code sections…