Angel Zamora v. Penske Truck Leasing Co., L.P.

I. INTRODUCTION

22 On January 31, 2020, Plaintiffs Angel Zamora, Gabriel Loaiza, and Jorge Guillen 23 (collectively, “Plaintiffs”) filed this class action in Los Angeles Superior Court against 24 their employer, Defendant Penske Truck Leasing Co., L.P. (“Penske”). (Notice of 25 Removal (“Notice”), Ex. A (“Compl.”), ECF No. 1-1.) On March 16, 2020, Penske 26 removed this action to federal court pursuant to the Class Action Fairness Act, 28 U.S.C. 27 §§ 1332, 1441, 1446, and 1453 (“CAFA”). (Notice ¶¶ 4–5, ECF No. 1.) Plaintiffs now 28 1 move to remand this action for lack of subject matter jurisdiction. (Mot. to Remand 2 (“MTR”), ECF No. 12.) Additionally, Penske moves to dismiss Plaintiffs’ claims. (See 3 Mot. to Dismiss (“MTD”), ECF No. 11.) For the reasons that follow, this Court 4 DENIES Plaintiffs’ Motion to Remand and GRANTS in part and DENIES in part 5 Penske’s Motion to Dismiss with leave to amend.1 II. BACKGROUND Plaintiffs brought this class action against Penske on behalf of themselves and 8 the class they seek to represent. Plaintiffs allege eight claims against Penske: (1) Unfair, 9 Unlawful, and Deceptive Business Practices (“UCL claim”), …