Raul Sotelo v. Browning-Ferris Industries of California, Inc.

Good Law
United States District Court, Central District of CaliforniaNovember 30, 20202:20-cv-06927California2,555 words

Opinion

Trial Court Opinion

I. BACKGROUND

This is case involves an employee’s multiple state-law claims against his employer. Plaintiff was an employee of Browning-Ferris Industries California, Inc., Republic Services, Inc., and Consolidated Disposal Service, LLC (the Corporate Defendants), and Defendant Philip Piste was Plaintiff's manager. See Dkt. 3-1 at 22-24 (Compl. Jf 3-10).

CV-90 (12/02) CIVIL MINUTES — GENERAL Initials of Deputy Clerk VPC

On June 24, 2020, Plaintiff filed a complaint in state court against Defendants. See Compl. 1-19. The complaint raised several different state-law claims, including discrimination based on association, failure to prevent discrimination and harassment, harassment, retaliation, wrongful termination, failure to pay wages, failure to give meal breaks, failure to provide timely employment records, and intentional infliction of emotional distress. Id. at 9-19.

On July 31, 2020, the Corporate Defendants filed a notice of removal. Dkt. No. 1. They removed the case on federal question grounds, stating that Plaintiff’s claims “require interpretation of a collective bargaining agreement” and thus are “completely preempted” by the…

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