Julio Ortiz v. Winco Holdings, Inc.

Good Law
United States District Court, Central District of CaliforniaAugust 24, 20235:23-cv-00793California1,067 words

Opinion

Trial Court Opinion

BACKGROUND

Defendants removed this case from San Bernardino County Superior Court, asserting diversity jurisdiction. (Notice of Removal, ECF No. 1.) Plaintiff brings nine causes of action against Defendants, six of which are alleged against Mr. DalPorto: 1) Failure To Accommodate, (Cal. Gov’t Code § 12940(m)), 2) Failure To Engage In A Good Faith Interactive Process, (Cal. Gov’t Code § 12940(n)): 3) Disability Discrimination (Cal. Gov’t Code § 12940(a)): 4) Hostile Work Environment (Cal. Gov’t Code § 12940(j)); 5) Intentional Infliction of Emotional

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Distress; and 6) Negligent Infliction of Emotional Distress. (Perelshteyn Decl. Ex. A (“Compl.”), ECF No. 3.) Although Defendants concede that Plaintiff and Mr. DalPorto are both citizens of California, Defendants argue that “DalPorto must be disregarded for purposes of diversity because he is a ‘sham’ defendant; that is, he cannot be found liable as a matter of law for the causes of action asserted against him.” (NOR ¶ 18.)

II. LEGAL STANDARD

Only the removal and remand…

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