Scott Robinson v. Airbahn Inc
Opinion
Trial Court Opinion
I. Background
A. Facts The following facts are drawn from the Complaint in this action. Notice of Removal (Dkt. 1-2). This is a case challenging Defendant’s alleged constructive discharge of Plaintiffs for reporting violations of Federal Aviation Regulations (“FAR”) and other unsafe conduct to relevant parties within Airbahn. Id. ¶¶ 7-25.
B. Procedural History On September 8, 2021, Plaintiffs filed their complaint against Defendant in the Superior Court for the State of California, County of Orange, alleging causes of action for (1) Whistleblower Retaliation, Cal. Lab. Code § 1102.5; (2) Wrongful Termination in Violation of Public Policy; and (3) Intentional Infliction of Emotional Distress. Notice of Removal ¶¶ 26-38.
On September 3, 2021, Defendant brought a Motion to Dismiss Plaintiff’s Complaint (Dkt. 10). On September 8, 2021, Plaintiffs filed the instant Motion to Remand Case. Mot.
II. Legal Standard
“If at any time before final judgment it appears that the district court lacks subject matter jurisdiction, the case shall be remanded.” 28 U.S.C. § 1447(c). Removal of a case from state court to federal court is governed by 28 U.S.C. § 1441, which provides in…