Wendy Cardenas v. Asplundh Construction, Corp.
Opinion
Trial Court Opinion
I. INTRODUCTION
On October 7, 2021, Wendy Cardenas (“Plaintiff”) filed a class action complaint in state court against Asplundh Construction, LLC (“Asplundh”) and 347 Group, Inc. (“347 Group’) (collectively, “Defendants”). Plaintiff's claims arise from alleged wage and hour violations committed by Defendants during the course of her employment. Plaintiff brings the class action on behalf of herself, and all others similarly situated. Plaintiff asserts the following claims: (1) Failure to Pay Minimum Wages, (2) Failure to Pay Overtime Wages, (3) Failure to Provide Meal Periods, (4) Failure to Permit Rest Breaks, (5) Failure to Reimburse Business Expenses, (6) Failure to Provide Accurate Itemized Wage Statements, (7) Failure to Pay All Wages Due Upon Separation of Employment, and (8) Violation of B&P Code § 17200 ef seq. On December 13, 2021, Defendants removed this action to federal court on the basis of subject matter jurisdiction under the Class Action Fairness Act (““CAFA”). On December 28, 2021, Plaintiff filed the current Motion to Remand. For the following reasons, the Court GRANTS Plaintiff's Motion.