Filed: Mar. 25, 2019
Latest Update: Mar. 25, 2019
Summary: Order TERRY J. HATTER, JR. , Senior District Judge . The Court has considered Plaintiff's motion to remand, together with the moving papers. Defendants removed based on diversity jurisdiction, arguing that Defendant Miguel Castaneda is a sham defendant because there is no private right of action for violations of Cal. Lab. Code 1197.1. In considering whether Castaneda was a sham defendant joined solely to destroy removal based on diversity jurisdiction, the Court must consider whether t
Summary: Order TERRY J. HATTER, JR. , Senior District Judge . The Court has considered Plaintiff's motion to remand, together with the moving papers. Defendants removed based on diversity jurisdiction, arguing that Defendant Miguel Castaneda is a sham defendant because there is no private right of action for violations of Cal. Lab. Code 1197.1. In considering whether Castaneda was a sham defendant joined solely to destroy removal based on diversity jurisdiction, the Court must consider whether th..
More
Order
TERRY J. HATTER, JR., Senior District Judge.
The Court has considered Plaintiff's motion to remand, together with the moving papers.
Defendants removed based on diversity jurisdiction, arguing that Defendant Miguel Castaneda is a sham defendant because there is no private right of action for violations of Cal. Lab. Code § 1197.1.
In considering whether Castaneda was a sham defendant joined solely to destroy removal based on diversity jurisdiction, the Court must consider whether there is any possibility that Alba will be able to establish liability against Castaneda. See Weidman v. Exxon Mobil Corp., 776 F.3d 214, 218 (4th Cir. 2015). Further, fraudulent joinder must be established by clear and convincing evidence. Hamilton Materials, Inc. v. Dow Chem. Corp., 494 F.3d 1203, 1206 (9th Cir. 2007).
At least one California case, Caliber Bodyworks, Inc. v. Superior Court, 134 Cal.App.4th 365, 382 (2005), has indicated that there exists a private right of action for violations of Cal. Lab. Code § 1197.1.
Accordingly,
It is Ordered that the motion to remand be, and hereby is, Granted.
It is further Ordered that all other pending motions in this case be taken off calendar.
