Ali

Ali v. Setton Pistachio of Terra Bella, Inc.

Good Law
United States District Court, Eastern District of CaliforniaFebruary 4, 20211:19-cv-00959California3,983 words

Opinion

Trial Court Opinion

I. BACKGROUND

26 Plaintiff originally filed this action in the Superior Court of California for the County of 27 Tulare on April 27, 2016, naming Setton Pistachio of Terra Bella, Inc. as defendant 28 (“Defendant”). (Doc. 1.) On September 2, 2016, Plaintiff filed a First Amended Complaint asserting claims for: (1) Failure to pay overtime wages; (2) Failure to pay minimum wages; (3) Failure to pay all wages upon termination; (4) Failure to provide accurate wage statements; and (5) Unfair competition. (Doc. 1.) Defendant removed the matter to this Court on July 12, 2019. (Doc. 1.) Defendant’s notice of removal states that the matter was removed based on 28 U.S.C. § 1332(d) (the Class Action Fairness Act, or “CAFA”). (Id.) Defendant’s notice of removal states that the Court has original jurisdiction over the matter pursuant to CAFA as (1) any member of the putative class is a citizen of a state different from the defendant, (2) the aggregate number of putative class members is 100 or greater, and (3) the aggregate amount in controversy exceeds the $5,000,000 minimum. (Id.) On August 8, 2019, Plaintiff filed a Motion for Remand.…

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