Roger Eojas v. TE Connectivity Corporation
Opinion
Trial Court Opinion
I. Background
Plaintiff alleges that, in December 2023, Defendant terminated him because of his disability. Complaint (“Compl.”) (dkt. 6) ¶¶ 9-11. Plaintiff then filed this lawsuit, alleging three violations of California employment law. See id. ¶¶ 9-27. Defendant removed the case to federal court, asserting diversity jurisdiction. Notice of Removal (“Not.”) (Dkt. 1) ¶ 7. The Court disagrees.
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
CIVIL MINUTES – GENERAL
Case No. 8:24-cv-00904-DOC-AJRx Date: April 29, 2024
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the United States have original jurisdiction, may be removed . . . to the district court of the United States for the district and division embracing the place where such action is pending.” 28 U.S.C. § 1441. This statute “is strictly construed against removal jurisdiction,” and the party seeking removal “bears the…