Garcia

Garcia v. Commonwealth Financial Network

Good Law
United States District Court, Southern District of CaliforniaNovember 24, 20203:20-cv-01483California5,720 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 MARISSA GARCIA, an individual, for Case No. 20-cv-1483-BAS-LL the real party in interest, the State of 12 California, and on behalf of other current ORDER GRANTING PLAINTIFF’S and former employees MOTION TO REMAND (ECF No. 8)

Plaintiff,

v. COMMONWEALTH FINANCIAL NETWORK; and DOES 1 through 50, 17 Defendants.

19 In this wage and hour litigation brought under the Private Attorneys General Act, Cal. Lab. Code §§ 2698, et seq. (“PAGA”), Plaintiff Marissa Garcia alleges that her former employer, Commonwealth Financial Network (CFN) failed to pay her and others the correct amounts of sick pay and overtime wages. CFN removed the action to federal court on the basis of diversity jurisdiction under 28 U.S.C. § 1332. The Court is asked to decide whether CFN has shown by a preponderance of the evidence that the amount-in- controversy requirement and the complete diversity in citizenship requirement are met. The Court finds Garcia’s motion to remand…

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