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Silvia Avila v. Allegro Manufacturing

November 28, 2011

SILVIA AVILA
v.
ALLEGRO MANUFACTURING, INC.; CONAIR; LIVING THINGS MANUFACTURING CO.; JOHN DUNKEL; AND DOES 1 THROUGH 100, INCLUSIVE



The opinion of the court was delivered by: Honorable S. James Otero, United States District Judge

Priority Send Enter Closed JS-5/JS-6 Scan Only

CIVIL MINUTES - GENERAL

PRESENT: THE HONORABLE S. JAMES OTERO, UNITED STATES DISTRICT JUDGE

Victor Paul Cruz

Courtroom Clerk

COUNSEL PRESENT FOR PLAINTIFF: Not Present

Not Present Court Reporter

COUNSEL PRESENT FOR DEFENDANTS: Not Present

PROCEEDINGS (in chambers): ORDER REMANDING CASE TO LOS ANGELES SUPERIOR COURT [Docket No. 1]

This matter is before the Court on Defendant Conair Corporation's ("Conair") Notice of Removal ("Notice"), filed November 19, 2011. Plaintiff Silvia Avila ("Plaintiff") filed her Complaint in Los Angeles Superior Court on February 14, 2011. For the following reasons, the case is REMANDED to state court.

FACTUAL AND PROCEDURAL BACKGROUND

Plaintiff is a resident of the County of Los Angeles and a citizen of California. (First Amended Complaint ("FAC") ¶ 1.) Conair is incorporated in the state of Delaware, and its principal place of business is in the city of East Windsor, New Jersey. (Notice ¶ 8.) Conair was erroneously sued as Allegro Manufacturing, Inc., Conair, and Living Things Manufacturing Co.*fn1 Defendant John Dunkel ("Dunkel") is a resident of the County of Los Angeles. (FAC ¶ 5.) Plaintiff alleges that Dunkel is an officer, shareholder, director, owner, president, principal, manager, supervisor, director of operations, managing agent, and employee of Conair. (FAC ¶ 5.) Plaintiff, a former employee of Conair, alleges the following causes of action: (1) pregnancy discrimination in violation of California Government Code ("CGC") section 12945; (2) pregnancy harassment in violation of CGC section 12945; (3) pregnancy retaliation in violation of CGC section 12945; (4) physical disability discrimination in violation of CGC section 12940; (5) physical disability discrimination in violation of CGC section 12940; (6) physical disability retaliation in violation of CGC section 12940; (7) violation of the California Family Rights Act, CGC section 12945.2; (8) sex discrimination in violation of CGC section 12940; (9) sex harassment in violation of CGC section 12940; (10) sex retaliation in violation of CGC section 12940; (11) perceived and/or association discrimination in violation of CGC section 12940; (12) perceived and/or association harassment in violation of CGC section 12940; (13) perceived and/or association retaliation in violation of CGC section 12940; (14) retaliation and wrongful termination in violation of public policy; and (15) violation of California Labor Code section 226. (See generally FAC.) Dunkel filed his Demurrer on April 25, 2011, and the Los Angeles Superior Court sustained Dunkel's Demurrer to Plaintiff's FAC without leave to amend on August 24, 2011. (Notice ¶¶ 3, 7.) In her FAC, Plaintiff alleges that she was "generally damaged in an amount within the jurisdictional limits of this [state] court." (FAC ¶ 27.) Conair removed the instant action on September 19, 2011, based solely on diversity jurisdiction.

DISCUSSION

A. The Court Challenges Subject Matter ...


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