Armando Garcia v. Delta Air Lines Inc

I.

FACTUAL AND PROCEDURAL BACKGROUND

On January 24, 2019, Plaintiff Armando Garcia, a California resident, filed a Complaint in Los Angeles County Superior Court against Defendants Delta Air Lines, Inc. and Nancy Perong. Notice of Removal, Ex. A (“Compl.”) [Doc. # 1-1]. Against Delta, Plaintiff asserted claims of: (1) disability discrimination, (2) failure to accommodate, (3) failure to engage in the interactive process, (4) retaliation, (5) failure to prevent discrimination, and (6) forced unpaid leave in violation of public policy. Id. Plaintiff also asserted a claim of intentional infliction of emotional distress (“IIED”) against Perong, who is a California resident. Id.

The parties later stipulated to the filing of the operative Second Amended Complaint (“SAC”), and Plaintiff filed the SAC on May 23, 2019. See id., Ex. F (“SAC”) [Doc. # 1-6]. Perong filed a Demurrer to the SAC on July 11, 2019. See id., Ex. K [Doc. # 1-11]. The Superior Court sustained the Demurrer without leave to amend and entered a judgment of dismissal on January 14, 2020. Id., Ex. N [Doc. # 1-14].

Defendants then removed the action to this Court on January 22, 2020. Notice of Removal [Doc.…