Jimenez

Jimenez v. Young's Market Company, LLC

Good Law
United States District Court, Northern District of CaliforniaDecember 20, 20213:21-cv-02410California8,562 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 SERGIO MEZA JIMENEZ, Case No. 21-cv-02410-EMC

Plaintiff,

ORDER DENYING REMAND

v. Docket Nos. 33-35 YOUNG'S MARKET COMPANY, LLC, et al., 11 Defendants. 12 13 I. INTRODUCTION In this case, Plaintiff Sergio Jimenez (“Plaintiff”) filed suit against his employers, Defendants Young’s Market Company, LLC and Republic National Distributing Company, LLC (“Defendants”) for violations of California’s Labor Codes. Plaintiff seeks civil penalties based on alleged wage and hour violations under the Private Attorneys General Act (“PAGA”). The terms and conditions of Plaintiff’s employment were subject to a collective bargaining agreement (“CBA”). Pending before the Court is an Order to Show Cause as to why this case should not be remanded to State Court. Defendants argue that subsequent events after a valid removal do not divest the court of subject matter jurisdiction and that preemption applies under Section 301 of the Labor…

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