Christian Botello v. Darling Ingredients Inc.
Opinion
Trial Court Opinion
I. BACKGROUND
This is a case alleging Labor Code violations related to Plaintiff’s employment in Defendant’s food processing plant in Los Angeles, California. Plaintiff was represented by a union, and the terms of his employment with Defendant were governed by a collective bargaining agreement (“CBA”). Ward Decl. 4 4, ECF No. 1-2; Ward Decl. Ex. A, ECF No. 1-2. Plaintiff brings two claims, one under the Private Attorney Generals Act (“PAGA”’), California Labor Code §§ 2698-2699.5, for violations of California law regarding rest and meal breaks, and one in Plaintiff’s
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individual capacity based on Defendant’s failure to provide employment records in violation of California Labor Code section 226.
Plaintiff filed a Complaint in Los Angeles County Superior Court on March 10, 2022. Oxman Decl. ¶ 2, ECF No. 1-1; Oxman Decl. Ex. A (“Compl.”), ECF No. 1-1. Defendant removed the case to this Court on May 5, 2022, arguing that the PAGA claim is completely preempted by Section 301 of the…