Jack Macias v. Mission Linen Supply
Opinion
Trial Court Opinion
I. BACKGROUND
On August 5, 2022, Plaintiff filed a wage and hour putative class action complaint in the California Superior Court for the County of San Bernardino. [See Dkt. 3, Ex. A]. Plaintiff’s complaint alleges seven causes of action for (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 pay wages upon separation of employment and within the required time; (6) failure to furnish accurate itemized wage statements; and (7) violation of Business and Professions Code §§ 17200, et seq. [Id.]. Page 1 of CIVIL MINUTES—GENERAL Initials of Deputy Clerk iv Case 5:22-cv-01942-SSS-SP Document Filed 02/10/ Page 2 of Page ID #:222
On November 3, 2022, Defendant filed a Notice of Removal of Civil Action to Federal Court pursuant to 28 U.S.C. §§ 1441 and 1446 on federal question grounds on November 3, 2022. [Dkt. 1]. Defendant claimed removal was proper because Plaintiff’s claims were preempted by Section 301 of the Labor Management Relations Act (“LMRA”), 29 U.S.C. § 185(a). Plaintiff now seeks to remand this action back to the California Superior Court…