Densmore

Densmore v. Mission Linen Supply

Good Law
164 F. Supp. 3d 1180·2016 WL 696503·2016 U.S. Dist. LEXIS 21354
United States District Court, Eastern District of CaliforniaFebruary 22, 2016Case No. 1:15-CV-01873-LJO-SKOCalifornia8,819 words

Opinion

Lead Opinion

Lawrenceneill, J.

MEMORANDUM DECISION AND ORDER GRANTING PLAINTIFF’S MOTION TO REMAND AND DENYING AS MOOT DEFENDANT’S MOTION TO DISMISS

On October 13, 2015, Plaintiff Ronald Densmore commenced this action, individually and on behalf of similarly situated individuals, against his former employer Mission Linen Supply (“Mission”) and Does 1-20, inclusive, in Fresno County Superior Court. Doc. 2, Ex. 1 (“Compl.”). Densmore’s Complaint, containing nine causes of action, alleges that Defendants violated provisions of the California Labor Code and Business and Professions Code. Id.

Mission removed the action to this Court on December 11, 2015, asserting federal question jurisdiction under 28 U.S.C. § 1331 . Doc. 2. Now before the Court is Mission’s Motion to Dismiss (Doc. 6), arguing that eight of the causes of actions in the Complaint fail to state a claim upon which relief can be granted, and Dens-more’s Motion to Remand this action to state court (Doc. 7). The parties have filed timely oppositions (Docs. 9, 10) and replies (Doc. 11, 13) in connection with the pending Motions.

The matters are appropriate for resolution without oral argument. See Local Rule 230(g). Having reviewed the record and the…

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