Garza, Jr. v. WinCo Holdings, Inc.

Good Law
United States District Court, Eastern District of CaliforniaMarch 28, 20221:20-cv-01354California10,887 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 EVERARDO GARZA JR., on behalf of Case No. 1:20-cv-01354-JLT-HBK himself and all others similarly situated, ORDER DENYING PLAINTIFF’S MOTION Plaintiff, TO REMAND AND GRANTING DEFENDANT’S MOTION TO DISMISS v. (Docs. 7, 10) WINCO HOLDING, INC. dba WINCO FOODS, an Idaho Corporation; and DOES ORDER GRANTING LEAVE TO AMEND 1-50, inclusive, 16 Defendants. 17 Everardo Garza asserts WinCo Holdings violated California employment laws and failed to pay all wages due to employees. Garza seeks to hold WinCo liable for the violations, stating claims on behalf of himself and other similarly situated, non-exempt employees. (See generally Doc. 2 at 22-42.) Garza asserts the action was not properly removed from the state court, and WinCo fails to show the Court has jurisdiction pursuant to the Class Action Fairness Act, 28 U.SC. § 1332(d), or the Labor Management Relations Act. (Doc. 10.) WinCo opposes the request…

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