Olivia Vergara v. The TJX Companies, Inc
Opinion
Trial Court Opinion
I. Background
Plaintiff alleges that, in November 2023, Defendant terminated her after she requested bereavement leave following the death of her brother. Complaint (“Compl.”) (Dkt 8-7) ¶ 4. Plaintiff then filed this lawsuit, alleging four violations of California employment law. See id. ¶¶ 6-11. Defendant removed the case to federal court, asserting diversity jurisdiction. See generally Notice of Removal (“Not.”) (Dkt. 1). 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
CIVIL MINUTES – GENERAL
Case No. 8:24-cv-00960-DOC-ADS Date: May 22, 2024 Page
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 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…