Ana Evelin Perez Pineda v. Vie De France Yamazaki, Inc.
Opinion
Trial Court Opinion
I. BACKGROUND
These actions involve some similar factual allegations. In both, an employee of Vie de France Yamazaki’s plant in Vernon, California contracted COVID-19 after the plant manager, Raymond Rodriguez (“Rodriguez”), denied requests for disability accommodation and held several large, in-person meetings where social distancing was not possible. (Guillen Mot. at 7–8; Pineda Mot. at 6–7). Moreover, these employees allegedly have experienced and continue to experience long-term symptoms of COVID-19. (Guillen Mot. at 6; Pineda Mot. at 5). Though there are differences in some of the other factual allegations, the Court can resolve the instant Motions without reference to those allegations.
Both actions were originally filed by the plaintiffs in Los Angeles Superior Court and were removed to this Court by Yamazaki, Inc., on the basis of diversity jurisdiction (22-02491, Dkt. No. 1; 22-02492, Dkt. No. 1). About a month after removal, Guillen and Pineda filed the instant Motions, arguing, in part, that these actions should be remanded because Rodriguez is an in-forum defendant whose presence in these actions destroys complete diversity.