Charles Scott v. Gate Gourmet, Inc.

I. INTRODUCTION & BACKGROUND

On October 27, 2020, plaintiffs Charles Scott (“Scott”), Brenda McCoy (“McCoy”), and Dominque Ferdinand (“Ferdinand”) filed this class action against defendant Gate Gourmet, Inc. and Does 1-100 in Los Angeles Superior Court, alleging claims for (1) wrongful termination in violation of public policy; (2) violation of the California Unfair Competition Law, Cal. Bus. & Prof. Code §§ 17200, et seq. (“UCL”); and (3) breach of fiduciary duty. Dkt. 1-1 (“Compl.”). The gravamen of plaintiffs’ complaint 1s that they and members of the class were laid off by defendant on March 28, 2020, in violation of the terms and conditions of the payroll support that defendant was awarded by the federal government pursuant to the CARES Act, 15 U.S.C. § 9001, ef seg. Defendant removed this action to this Court on December 4, 2020. Dkt. 1 (“NTC of Removal’). On December 28, 2020, plaintiff filed a motion to remand for lack of subject matter jurisdiction, and defendant filed a motion to dismiss the complaint pursuant to FRCP 12(b)(6) and a motion to strike pursuant to FRCP 12(f). Dkts. 12-14. On February 22, 2021, the Court…