Barajas

Barajas v. CPC Logistics Solutions, LLC

Good Law
United States District Court, Northern District of CaliforniaSeptember 23, 20223:22-cv-03911California2,521 words

Opinion

Trial Court Opinion

BACKGROUND

23 This wage and hour class action as removed from Alameda County Superior Court to this 24 Court on July 1, 2022. Dkt. No. 1. In support of the Notice of Removal, and in support of the 25 Opposition to the Motion to Remand, defendants rely on the declarations of Bill Steimel and 26 Leslie Gomez. See Steimel Second Decl., Dkt. No. 1-1, 27-2 (estimating number of wage 27 statements issued to different categories of employees employed during relevant time frame); see also Gomez Decl., Dkt. Nos. 1-3 & 27-1 (declaring employees of CPC Logistics Solutions LLC “generally” work fulltime, 8 hours a day 5 days a week; truck drivers make up more the 85% of workforce and “vast majority” work over 8 hours a day; that 900 putative class members terminated employing during prior 3 years; and that spread over 5 days, the 900 or 1100 putative class members on average worked just under 40 hours per week). Plaintiff has moved to remand because defendants have failed to reasonably support their assertion that the amount in controversy meets or exceeds the $5,000,000 CAFA floor. LEGAL STANDARD A defendant may remove a…

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