Bhagwandin
Bhagwandin v. Xyphos Biosciences, Inc.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 VIKASH BHAGWANDIN, Case No. 22-cv-02818-JSC
Plaintiff,
ORDER TO DEFENDANT TO SHOW
v. CAUSE
XYPHOS BIOSCIENCES, INC., Defendant.
12 Pending before the Court is Defendant’s motion to dismiss. (Dkt. No. 8.) The Court has determined that federal subject matter jurisdiction may not exist in the first instance. Accordingly, the Court VACATES the June 30, 2022 hearing and ORDERS Defendant to show cause why this case should not be remanded to state court. BACKGROUND Plaintiff filed suit against his former employer in San Mateo County Superior Court. (Dkt. No. 1-1.) He brings a claim for violation of California Labor Code § 1102.5 and a claim for wrongful termination in violation of public policy. (Id. at 9, 13–17.) Both arise under California law. Defendant removed to federal court, asserting federal question subject matter jurisdiction because resolution of Plaintiff’s claims will necessarily and…