Ritenour
Ritenour v. Carrington Mortgage Services LLC
Opinion
Lead Opinion
Carney, J.
ORDER DENYING PLAINTIFFS’ MOTION TO REMAND AND GRANTING DEFENDANT’S MOTION TO DISMISS
I. INTRODUCTION
On September 30, 2016, Plaintiffs Candice Ritenour and Cheryl Weiser filed this putative class action in California Superior Court, County of Orange, against Defendant Carrington Mortgage Services LLC and Does 1 through 100, inclusive. (Dkt. 1-1 [Complaint, hereinafter “Compl.”].) Plaintiffs assert ten causes of action; (1) Failure to Pay Overtime Wages; (2) Failure to Provide Meal Periods; (3) Failure to Provide Rest Periods; (4) Failure to Pay Minimum Wages; (5) Failure to Pay Final Wages Timely; (6) Failure to Pay Wages Timely During Employment; (7) Failure to Provide Accurate Written Wage Statements; (8) Failure to Keep Accurate Payroll Records; (9) Failure to Reimburse Business Expenses; and (10) Unfair Competition. (See id.) On November 4, 2016, Defendant removed the action to this Court pursuant to the Class Action Fairness Act (“CAFA”), 28 U.S.C. §§ 1332 (d), 1453,1711-15. (Dkt. 1.)
Before the Court is Plaintiffs’ motion to remand, (Dkt. 14), and Defendant’s motion to dismiss the Complaint or, in the alternative, to strike the class action allegations, (Dkt. 10). For…