Noel J. Mijares v. Ryder Truck Rental, Inc.

I. BACKGROUND

A. Procedural Background On November 1, 2019, Mijares commenced this action against Defendants Ryder, Andre Guillaume, and Danny Zwerling in the Los Angeles County Superior Court. (See Notice of Removal (Docket No. 1), Attachment 1 (“Original Complaint”) (Docket No. 1-2)). The Original Complaint stated five claims against the three Defendants: (1) discrimination on the basis of a disability in violation of the California Fair Employment and Housing Act (“FEHA”); (2) retaliation in violation of FEHA; (3) retaliation in violation of California Labor Code § 1102.5; (4) wrongful termination in violation of public policy; and (5) failure to prevent discrimination and harassment in violation of FEHA. (Notice of Removal at 2–3; Original Complaint at 8–16). On February 7, 2020, Mijares amended his pleading in the Los Angeles Superior Court, adding a sixth claim for failure to prevent discrimination and retaliation in violation of FEHA and removing Guillaume and Zwerling as defendants. (Notice of Removal at 4; Attachment 2 (“FAC”) at 17 (Docket No. 1-3)). Mijares claims that he removed Guillaume and Zwerling as defendants on Ryder’s promise that Ryder would not…