Cardosa

Cardosa v. Omni Hotels Management Corp.

Good Law
177 F. Supp. 3d 1278·2016 WL 1253484·2016 U.S. Dist. LEXIS 44161
United States District Court, Southern District of CaliforniaMarch 31, 2016Civil No. 15cv1080 JAH (BGS)California3,044 words

Opinion

Lead Opinion

Houston, J.

ORDER GRANTING PLAINTIFF’S MOTION FOR REMAND [Doc. No. 5]

Pending before the Court is Plaintiffs motion for remand. The motion are fully briefed. After a review of the parties’ submissions, the Court GRANTS Plaintiffs motion for remand.

BACKGROUND

Plaintiff, Guadalupe A. Cardosa, originally filed a complaint'for violations of the California Labor Code, violation of IWC Wage Order and violation of Business and Professions code in Superior Court on February 25, 2015, naming Omni Hotels Management Corporation, Omni La Costa Resort & Spa, LLC, Omni Rancho Las Palmas, LLC, Omni San Francisco Corporation, Omni Los Angeles Hotel at California Plaza, Omni San Diego Hotel and Does 1 through 300 as defendants. Defendants removed the action to Federal Court on May 13, 2015, asserting Plaintiffs claims are preempted under section 301 of the Labor Management Relations Act (“LMRA”), 29 U.S.C. section 185 . Shortly thereafter, they filed a motion to dismiss. Plaintiff filed the pending motion for remand on June 12, 2015. Defendants filed an opposition to the motion to remand and Plaintiff filed a reply. The motion was set for hearing but was taken under submission pursuant to Local Rule…

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