Christina Kendrick v. Mindlance Inc.
Opinion
trial_court Opinion
I.
INTRODUCTION
On August 4, 2023, plaintiff Christina Kendrick (“Plaintiff”) filed a Complaint in Los Angeles Superior Court against defendants Mindlance, Inc., Nike, Inc., and Sarah Benjamin (collectively, “Defendants”) alleging violations of California’s Labor Code. ECF Docket No. (“Dkt.”) 5, Declaration of Shelby Bird (“Bird Decl.”), ¶ 3 Ex. A, Complaint (“Compl.”). On October 26, 2023, Defendants filed a Notice of Removal pursuant to 28 U.S.C. § 1441(b) claiming diversity jurisdiction pursuant to 28 U.S.C. § 1332(a). Dkt. 1.
On January 11, 2024, Plaintiff filed a Motion to Remand the matter to Los Angeles Superior Court arguing the Court lacks subject matter jurisdiction because defendant Benjamin and Plaintiff are both California residents, and thus, complete diversity is destroyed. Dkt. 31-1 at 4-5.
On February 1, 2024, Defendants filed an Opposition to the Motion to Remand arguing defendant Benjamin is a sham defendant and has been fraudulently joined because defendant Benjamin cannot be held individually liable for any of the causes of action Plaintiff raises against her. Dkt. 32 at 9-15. Defendants argue Plaintiff cannot establish liability against defendant…