Christopher Frankovich v. Home Depot U.S.A., Inc.

Good Law
United States District Court, Central District of CaliforniaOctober 11, 20238:23-cv-01676California1,346 words

Opinion

Trial Court Opinion

I. Background

This action concerns Plaintiff Christopher Frankovich’s (“Plaintiff”) prior employment with Defendant Home Depot U.S.A., Inc. (“Home Depot” or “Defendant”). Plaintiff alleges that Defendant wrongfully terminated him and that Defendant committed wage and hours violations. See generally Complaint (“Compl.”) (Dkt. 1-1). Plaintiff alleges that he was terminated on March 28, 2022. Id. ¶ 37.

Plaintiff originally filed suit in the Superior Court of California, County of Orange, on July 25, 2023. Notice of Removal (“Notice” or “Not.”) (Dkt. 1). On September 8, 2023, Defendant removed the action to this Court, asserting diversity jurisdiction. Id.

CIVIL MINUTES – GENERAL

Case No. 8:23-CV-01676-DOC-KESx Date: October 11, 2023 Page

II. Legal Standard

“If at any time before final judgment it appears that the district court lacks subject matter jurisdiction, the case shall be remanded.” 28 U.S.C. § 1447(c). Removal of a case from state court to federal court is governed by 28 U.S.C. § 1441, which provides in relevant part that “any civil action brought in a State court of which the district courts of the United States have original jurisdiction, may…

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