Frankie Perez v. Cintas Corporation No. 3

I. Background

This action concerns Plaintiff Frankie Perez’s employment with Defendant Cintas Corporation No. 3 (“Defendants”). Notice of Removal Ex. A, Complaint (Dkt. 1-1). Plaintiff alleges that his employer created a hostile work environment by allowing another employee to make explicitly sexual suggestions and comments to Plaintiff . See id.

Plaintiff originally filed suit in the Superior Court of California, County of San Bernardino, on July 5, 2023. Id. On November 1, 2023, Defendant removed the action to this Court, asserting diversity jurisdiction. Notice of Removal (Notice”) (Dkt. 1).

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

CIVIL MINUTES – GENERAL

Case No. 5:23-cv-02259-DOC-KES Date: December 20, 2023 Page

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 be removed . . . to the district court of the United States…