John Baker v. Tech Data Corporation

I. BACKGROUND

Baker brings this action for violations of the California Labor Code and California’s Unfair Competition Law. He commenced this action in San Bernardino County Superior Court in September 2021. Three months later, Defendant Tech Data Corporation removed this case to this Court. Baker filed his instant Motion challenging that removal in February 2022, and it is fully briefed.

II. LEGAL STANDARD

Federal courts are courts of limited jurisdiction. Accordingly, “[t]hey possess only that power authorized by Constitution and statute.” Kokkonen v. Guardian Life Ins. Co. of Am., 511 U.S. 375, 377 (1994). In every federal case, the basis for federal jurisdiction must appear affirmatively from the record. See DaimlerChrysler Corp. v. Cuno, 547 U.S. 332, 342 n.3 (2006). “The right of removal is entirely a creature of statute and a suit commenced in a state court must remain there until cause is shown for its transfer under some act of Congress.” Syngenta Crop Prot., Inc. v. Henson, 537 U.S. 28, 32 (2002) (internal quotation marks omitted). Where Congress has acted to create a right of removal, those statutes, unless otherwise stated, are strictly construed…