Michelle Lujano v. Piedmont Airlines, Inc.

I. Background

On January 26, 2023, Plaintiff filed a First Amended Complaint (“FAC”) against Defendant in Orange County Superior Court in this putative class action alleging Defendant failed to pay overtime wages, provide accurate itemized wage statements, and timely pay all wages in violation of the California Labor Code. (Dkt. 1-8.) Plaintiff is a former employee of Defendant and worked as a customer service agent at the Long Beach Airport in Long Beach, California. (FAC ¶ 6.) Plaintiff seeks to represent a class comprised of “[a]ll of Defendant’s current and former non-exempt employees who were subject to Defendant’s policy of paying overtime only after working 40 hours in a workweek in the State of California at any time from November 14, 2018, through the present.” (Id. ¶ 16.)

On March 7, 2023, Defendant removed the action to federal court on the basis of diversity jurisdiction under the Class Action Fairness Act (“CAFA”), 28 U.S.C. § 1332(d). (Dkt. 1.) Plaintiff now challenges whether the removal was timely and if the amount in controversy requirement has been met. (See generally Dkt. 19 (“Opposition” or “Opp.”).)

II. Legal Standard

“To remove a case from a…