Roberto Gonzalez v. Trojan Battery Company, LLC
Opinion
Trial Court Opinion
I. Introduction
Plaintiff Roberto Gonzalez (“Plaintiff”) filed a motion to amend the complaint and remand this case to California state court on April 23, 2020. For the reasons articulated below, this motion is
DENIED.
II. Factual and Procedural Background
Plaintiff initially filed this case in state court on Feb. 18, 2020, alleging eighteen causes of action under the California Labor Code, California’s Fair Employment and Housing Act (“FEHA”), and California common law. Dkt. 6-1, Ex. 1. On March 24, 2020, Defendant Trojan Battery Company, LLC (“Defendant”) removed the case to federal court on the basis of diversity jurisdiction. Dkt. 6. Plaintiff has now filed a motion to both file an amended complaint and then remand this case to state court, on the basis that the amended complaint adds a California citizen, Stacey Marquez (“Marquez”)\, a Human Resources (“HR”) manager employed by Defendant, whose joinder in this lawsuit will destroy complete diversity. Dkt. 13.
Plaintiff’s factual allegations state that he was employed as a maintenance technician by Defendant from for approximately twenty-five years. Dkt. 6-1, Ex. 1 at 2. Plaintiff alleges that he