Nelda Sanchez v. Vanderlande Industries, Inc.

I. Factual and Procedural Background

On October 19, 2022, Plaintiff, on behalf of herself and all others similarly situated, filed a Class Action Complaint (“Complaint”) against Defendant in Los Angeles Superior Court, alleging causes of action for: (1) Failure to Pay Overtime Wages; (2) Failure to Pay Minimum Wages; (3) Failure to Provide Meal Periods; (4) Failure to Provide Rest Periods; (5) Waiting Time Penalties; (6) Wage Statement Violations; (7) Failure to Indemnify; (8) Failure to Timely Pay Wages; (9) Violation of Labor Code 227.3; (10) Violation of the Fair Credit Reporting Act; (11) Violation of the California Investigative Consumer Reporting Agencies Act; (12) Violation of the Consumer Credit Reporting Agencies Act; and (13) Unfair Competition. On January 24, 2023, Defendant removed this action, alleging that this Court has jurisdiction pursuant to 28 U.S.C. § 1332(d), the Class Action Fairness Act of 2005 (“CAFA”). In her Motion, Plaintiff argues that the amount in controversy does not exceed $5,000,000, and moves to remand this action to Los Angeles Superior Court. In its Opposition, Defendant argues that it has met its burden of demonstrating that at least…