Craig Fiske v. Nokia of America Corporation
Opinion
Trial Court Opinion
I. Background
This action concerns Plaintiff Craig Fiske’s (“Plaintiff” or “Fiske”) employment with Defendant Nokia of America Corporation (“Defendant” or “Nokia”). Notice of Removal (Dkt. 1) ¶ 2. Plaintiff alleges, among other claims, that he was wrongfully terminated due to his age. See Complaint (Dkt. 1, Ex. A) ¶ 25–28.
Plaintiff originally filed suit in the Superior Court of California, County of Orange, on September 26, 2022. Compl. On November 2, 2022, Defendant removed the action to this Court, asserting diversity jurisdiction. Notice of Removal.
II. Legal Standard
“If at any time before final judgment it appears that the district court lacks subject matter jurisdiction, the case shall be remanded.” 28 U.S.C. § 1447(c). Removal of a case Case 8:22-cv-02014-DOC-JDE Document Filed 01/03/ Page 2 of Page ID #:
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES – GENERAL
Case No. SA CV 22-02014-DOC-JDE Date: January 3, 2023 Page
from state court to federal court is governed by 28 U.S.C. § 1441, which provides in relevant part that “any civil action brought in a State court of which the district courts of…