Title: Antonelli v. Time Warner Entm't-Advance/Newhouse P'ship et al.

The opinion of the court was delivered by: The Honorable Jacqueline H. Nguyen

JS-6

CIVIL MINUTES-GENERAL

Present: The Honorable JACQUELINE H. NGUYEN

Alicia Mamer Not Reported N/A

Deputy Clerk Court Reporter/Recorder Tape No.

Attorneys Present for Plaintiffs: Attorneys Present for Defendants:

Not Present Not Present

Proceedings: ORDER REMANDING THE ACTION TO COUNTY OF RIVERSIDE SUPERIOR COURT (IN CHAMBERS)

The Court has reviewed the Notice of Removal filed by Defendant Time Warner Entertainment-Advance/Newhouse Partnership. (Docket No. 1.) After careful consideration of the record, the Court REMANDS the action to the SUPERIOR COURT FOR THE COUNTY OF RIVERSIDE for the reasons stated below.

I. FACTUAL BACKGROUND

Plaintiff Mary Antonelli filed suit against Defendant in California Superior Court for claims of employment discrimination. Defendant removed the action on May 24, 2011.

In early 2010, Plaintiff began suffering from pain, vomiting, and migraines. (Compl. ¶ 7.) In October 2010, Plaintiff discovered the cause of these symptoms was uterine fibroids and was advised to undergo a hysterectomy to alleviate her symptoms. (Id. ¶¶ 8, 10.) Despite the fact that she notified her employer of her scheduled hysterectomy, on February 2, 2011, Plaintiff was terminated. (Id. ¶¶ 12-14 .) Defendant asserts that Plaintiff was terminated for performance-related issues, specifically failure to meet sales goals, absenteeism, and tardiness. (Id. ¶¶ 15--17.) Plaintiff filed this lawsuit alleging the following claims:

(1) discrimination based upon disability in violation of the California Fair Employment and Housing Act ("FEHA"), Cal. ...