Robert Riggs v. USF Reddaway Inc.

I. Factual and Procedural Background

On June 11, 2019, Plaintiff filed a Complaint in San Bernardino Superior Court against Defendant, alleging claims for: (1) failure to indemnify for necessary business expenditures in violation of California Labor Code § 2802; (2) unfair competition in violation of California Business & Professions Code § 17200, et seq.; (3) failure to pay applicable minimum wage in violation of California Labor Code § 1197; (4) failure to pay applicable overtime wage in violation of California Labor Code § 510; (5) failure to furnish accurate itemized wage statements in violation of California Labor Code § 226; and (6) civil penalties in violation of California Labor Code § 2699, et seq. On July 12, 2019, Defendant filed Notice of Removal, alleging this Court has subject matter jurisdiction pursuant to 28 U.S.C. § 1332, diversity jurisdiction. On August 12, 2019, Plaintiff filed a First Amended Complaint, which alleges only two claims against Defendant: (1) failure to indemnify for necessary business expenditures in violation of California Labor Code § 2802; and (2) civil penalties in violation of California Labor Code § 2699, et seq. In his Motion,…