Eurico Mancilla v. Owens and Minor Distribution, Inc.

I. INTRODUCTION

On April 3, 2023, Eurico Mancilla (“Plaintiff”) filed a class action complaint in San Bernardino County Superior Court against Owens and Minor Distribution, Inc. (“Defendant”). (ECF No. 1-1.) Plaintiff brings the class action on behalf of himself and all others similarly situated. Plaintiff alleges that during the course of his employment, Defendant violated state wage and hour laws under the Cal. Lab. Code and the Cal. Bus. and Prof. Code §§ 17200, et seq., by failing to: (1) pay minimum wages; (2) pay overtime wages; (3) provide meal periods; (4) permit rest breaks; (5) remburse business expenses; (6) provide accurate itemized wage statements; (7) timely pay wages during employment; and (8) pay all wages due upon separation of employment. (/d.) On June 20, 2023, Defendant removed the action to this Court under the Class Action Faimess Act (““CAFA”), 28 U.S.C. §§ 1332(b), 1332(d), 1441(b), and 1446. (ECF No. 1.) On July 21, 2023, Plaintiff filed the current Motion to Remand (“Motion”). For the following reasons, the Court GRANTS Plaintiff's Motion. Il. FACTUAL BACKGROUND Plaintiff is a citizen of California who worked for Defendant during the…