Noel Erfan v. Merz North America, Inc.

I. BACKGROUND

Plaintiff filed this action in the Los Angeles County Superior Court on October 9, 2020. Merz removed the action to this Court based solely on diversity jurisdiction. See Not. of Removal, ECF No. 1. Plaintiff's First Amended Complaint (“FAC,” ECF No. 18) asserts the following allegations: Merz hired Plaintiff as a sales representative in 2017. FAC § 1. In 2019, “Plaintiff suffered from pneumonia causing asthma and chronic breathing issues” and “Plaintiff's physician instructed” her “to take five days off from work due to her disability.” Jd. § 9. Plaintiffs supervisor, Defendant Steve Bernier, “harassed Page 1 of CIVIL MINUTES — GENERAL Initials of Deputy Clerk SMO

Plaintiff by pressuring” her “to return to work” and Plaintiff therefore “felt like she had no choice but to return to work after only two days into her medical leave,” even though “her doctor recommended she take five days off from work.” Id. “Bernier was well aware of Plaintiff’s pneumonia, shortness of breath, and the difficulty she was having at work because of her medical issues.” Id. ¶ 10. Due to subsequent infirmities, “Plaintiff’s…