Agustin Castaneda v. Hungry Man, Inc.

I. Factual and Procedural Background

On July 31, 2019, Plaintiff filed a Class Action Complaint in Los Angeles Superior Court. In the Complaint, Plaintiff alleges claims for: (1) failure to timely pay wages due upon separation of employment; (2) failure to provide accurate itemized wage statement; (3) failure to pay all overtime wages; (4) failure to pay minimum and regular wages; (5) violation of Business & Professions Code section 17200, et seq.; (6) failure to reimburse all necessary business expenditures; and (7) penalties under the Private Attorney General Act (“PAGA”). Plaintiff seeks, on behalf of himself and all others similarly situated, relief under California law for unpaid wages, unpaid overtimed, damages, continuing wages, liquidated damages, penalties, restitution, and attorneys’ fees. Plaintiff alleges that Defendant employed him as a crew member for one of its productions, a television commercial, on March 9, 2019, but failed to pay him until April 11, 2019. On September 30, 2019, Defendant filed a Notice of Removal, alleging that this Court has jurisdiction pursuant to 28 U.S.C. § 1332(d), the Class Action Fairness Act of 2005 (“CAFA”). In his Motion,…