Deisy Garcia v. Keefe Commissary Network, LLC

I. BACKGROUND

On February 19, 2020, Plaintiff filed her Complaint in the Superior Court of the State of California for the County of San Bernardino against Defendants Keefe Commissary Network, LLC and Tina Richardson. (“Complaint,” Dkt. No. 7-1.) The Complaint alleges eleven causes of action: (1) Disability Discrimination in Violation of FEHA; (2) Retaliation in Violation of FEHA; (3) Labor Code 1102.5; (4) Wrongful Termination in Violation of Public Policy; (5) Intentional Infliction of Emotional Distress; (6) Negligent Infliction of Emotional Distress; (7) Unpaid Wages; (9) California Labor Code § 203; (10) California Business and Professions Code § 17200; and (11) California Labor Code § 1194. (Complaint.)

1 The conformed copy of the Complaint was date stamped “Feb 19 2019.” (Complaint at 1.) Plaintiff states without objection from Defendants that the Complaint was filed February 19, 2020. (See Motion at 3.) Accordingly, the Court presumes that the Complaint was erroneously stamped with 2019 rather than 2020. On April 3, 2020, Defendant Keefe removed the action to federal court. (“Notice of Removal,” Dkt. No. 1.) Plaintiff filed the Motion on May 22, 2020. …