Garcia

1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7

NORTHERN DISTRICT OF CALIFORNIA

8

9

10 RICHARD GARCIA, 11 Plaintiff, No. C 23-06199 WHA

12 v.

13 NESTLE USA, INC, KARTHIK SHETTY, ORDER GRANTING PLAINTIFF'S

ROGER PALPANT, DOES 1 THROUGH MOTION TO REMAND AND

14 25 RESERVING DEFENDANT'S

MOTION TO DISMISS

15 Defendants.

16 17 INTRODUCTION 18 In this disability discrimination and harassment suit, a former employee moves to remand 19 the action to state court for lack of complete diversity. Defendant employer and individual 20 supervisors oppose, arguing fraudulent joinder. Defendants separately move to dismiss 21 plaintiff’s seventh claim for relief, which alleges employment harassment in violation of 22 California’s Fair Employment and Housing Act. For the reasons stated herein, plaintiff’s 23 motion to remand is GRANTED. 24 STATEMENT 25 Plaintiff Richard Garcia, an ex-employee of defendant Nestle USA, Inc., brought this 26 action in the County of Monterey…