Kastler

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 ANNE KASTLER, Case No. 19-cv-02411-HSG

8 Plaintiff, ORDER DENYING PLAINTIFF'S

MOTION TO REMAND AND

9 v. DEFENDANT’S MOTION TO DISMISS

10 OH MY GREEN, INC., Re: Dkt. Nos. 12, 21 11 Defendant.

12 Pending before the Court is Plaintiff’s motion to remand and Defendant’s motion to 13 dismiss. See Dkt. Nos. 12, 21. For the reasons noted below, the Court DENIES both Plaintiff’s 14 motion to remand the case to California state court and Defendant’s motion to dismiss Count 6 of 15 Plaintiff’s First Amendment Complaint. 16 I. BACKGROUND 17 Plaintiff Anne Kastler filed a wage and hour putative class action complaint in the San 18 Mateo County Superior Court on February 28, 2019. Dkt. No. 1-1 (“Complaint”). Plaintiff listed 19 “OH MY GREEN, INC.” and “DOES 1 through 100” as Defendants. Id. ¶ 6–8. Plaintiff was 20 employed by Defendant Oh My Green as an hourly, non-exempt employee in California from 21 approximately…