The opinion of the court was delivered by: The Honorable Gary Allen Feess
Present: The Honorable GARY ALLEN FEESS
Renee Fisher None N/A Deputy Clerk Court Reporter / Recorder Tape No.
Attorneys Present for Plaintiffs: Attorneys Present for Defendants:
Proceedings: (In Chambers)
ORDER RE: MOTION TO REMAND
I. INTRODUCTION AND BACKGROUND
This is a dispute arising out of the termination of Plaintiff's employment by Defendants. Plaintiff makes claims regarding retaliation, discrimination, harassment, and wrongful termination against her employer and supervisor. Plaintiffs' supervisor is a non-diverse party.*fn1
Whether the supervisor is deemed fraudulently joined will determine the outcome of this motion. Plaintiff has filed a motion to remand the case to Superior Court. Considered in conjunction with this motion is Defendants Nino's and Defendants CBS Corporation and CBS Broadcasting Inc.'s motions to dismiss.
Plaintiff, who was employed by Defendants in 1977, was assigned in 2010 to a new manager, Defendant Robert Nino. (Id. ¶¶ 10,13.) Plaintiff alleges Nino displayed "immediate and inexplicable contempt for" her, and "undertook, and led, a campaign of harassment, discrimination and disparate treatment against her." (Id.) Plaintiff alleges Nino authored "provocative and unprofessional memoranda" and "attempted to intimidate, menace and make plaintiff uncomfortable, including gender based/sexually harassing conduct, which was inappropriate and unwelcome (staring her down and otherwise stalking and watching her). " (Id. ¶ 15) Plaintiff alleges she filed multiple reports and complaints regarding this conduct. (Id. ¶¶ 16, 20.) Plaintiff alleges that she was retaliated against for making these complaints, including eventual termination. (Id. ¶¶ 17, 19, 21.) This lawsuit followed.
Plaintiff filed this lawsuit in Los Angeles County Superior Court on March 8, 2012 against, at that time, CBS, CBS Broadcasting Inc., CBS Television, KCAL LLC, KCBS TV, Robert Nino, and Does 1-100. (Id. at 1.) Since the initial complaint, Plaintiff has added CBS Corporation and CBS Television Service Inc. in place of two of the Doe Defendants. (Not. ¶ 14.) Plaintiff sues all Defendants for: (1) violation of various provisions of the California Fair Employment and Housing Act ("FEHA") Cal. Gov. Code §§ 12900, et seq., pertaining to harassment, discrimination, retaliation, and wrongful termination, and (2) wrongful termination in violation of public policy. (Compl. ¶¶ 27-32.)
Defendant CBS Corporation removed the action to this Court on July 31, 2012 on the basis of diversity jurisdiction under 28 U.S.C. § 1332. (Not. at 1.) Remaining Defendants consented to removal. (Id. ¶ 5.) CBS Corporation argues that the non-diverse co-defendant, Robert Nino, has been fraudulently joined. (Id.) Plaintiff has filed a ...