Hernandez

Hernandez v. Delta Star, Inc.

Good Law
United States District Court, Northern District of CaliforniaFebruary 2, 20233:22-cv-07354California676 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

ISAAC HERNANDEZ, Case No. 22-cv-07354-VC

Plaintiff,

ORDER GRANTING MOTION TO

v. REMAND

DELTA STAR, INC., Re: Dkt. No. 10 Defendant.

The motion to remand is granted because there is no subject-matter jurisdiction. This order assumes the reader is familiar with the case. There is no federal-question jurisdiction. Hernandez brings a PAGA action under California law; the only question is whether his state-law cause of action is truly a federal cause of action because of complete preemption. Curtis v. Irwin Industries, 913 F.3d 1146, 1151–52 (9th Cir. 2019). Such a transformation can occur when an action involves a right that exists solely because of a collective bargaining agreement. Id. at 1152–53. That is not the case here. Alternatively, such a transformation can occur when adjudicating the dispute requires interpreting—not merely referencing—a collective bargaining agreement. Id. at 1153. “‘[I]nterpretation’ is construed narrowly in this context” to mean “an active dispute over the meaning of contract terms.” Id. Hernandez was not himself subject to a…

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