Mariela Pinetta v. Brinker International Payroll Company, L.P.

Good Law
United States District Court, Central District of CaliforniaAugust 31, 20202:20-cv-06777California1,500 words

Opinion

Trial Court Opinion

CENTRAL DISTRICT OF CALIFORNIA

CIVIL MINUTES - GENERAL

Case No. CV 20-6777 FMO (JEMx) Date August 31, 2020 Title Mariela Pinetta v. Brinker International Payroll, L.P., et al.

Present: The Honorable Fernando M. Olguin, United States District Judge Vanessa Figueroa None None Deputy Clerk Court Reporter / Recorder Tape No. Attorney Present for Plaintiff: Attorney Present for Defendants: None Present None Present Proceedings: (In Chambers) Order Remanding Action On June 11, 2020, plaintiff filed a Complaint in the Los Angeles County Superior Court against Brinker International Payroll Company, L.P. (“BPIC” or “defendant”), (see Dkt. 1, Notice of Removal (“NOR”) at ¶ 1), which defendant removed on diversity jurisdiction grounds pursuant to 28 U.S.C. § 1332. (See id. at ¶ 12). “Federal courts are courts of limited jurisdiction. They possess only that power authorized by Constitution and statute[.]” Kokkonen v. Guardian Life Ins. Co. of Am., 511 U.S. 375, 377, 114 S.Ct. 1673, 1675 (1994). The courts are presumed to lack jurisdiction unless the contrary appears affirmatively from the…

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