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Ornelas v. The Children's Place Retail Stores, Inc.

United States District Court, Ninth Circuit

June 5, 2013

George Ornelas, et al.
v.
The Children's Place Retail Stores, Inc., et al.

Proceedings: (IN CHAMBERS) ORDER GRANTING PLAINTIFF'S MOTION TO REMAND FOR LACK OF SUBJECT MATTER JURISDICTION (Dkt. 16) JS-6

JOHN A. KRONSTADT, District Judge.

Plaintiff, George Ornelas ("Plaintiff"), filed this putative class action against Defendant, The Children's Place Retail Stores, Inc. ("Defendant"), alleging wage and hour violations. Specifically, Plaintiff has advanced seven causes of action on behalf of himself and the proposed class:

(i) unpaid overtime wages, in violation of Cal. Lab. Code §§ 510 and 1198;
(ii) unpaid minimum wages, in violation of Cal. Lab. Code §§ 1194, 1197, and 1197.1;
(iii) unpaid meal period premiums, in violation of Cal. Lab. Code §§ 226.7 and 512(a);
(iv) unpaid rest period premiums, in violation of Cal. Lab. Code § 226.7;
(v) non-compliant wage statements, in violation of Cal. Lab. Code § 226(a);
(vi) wages not timely paid upon termination, in violation of Cal. Lab. Code §§ 201 and 202; and
(vii) violations of Cal. Bus. & Prof. Code §§ 17200, et seq.

Plaintiff filed the Complaint in the Los Angeles County Superior Court on February 25, 2013. Dkt. 1. On March 28, 2013, Defendant removed the action under the Class Action Fairness Act ("CAFA"), 28 U.S.C. §§ 1332(d)(2) and 1332(d)(5). Id. On May 17, 2013, Defendant filed this motion to remand for lack of subject matter jurisdiction (the "Motion"). Dkt. 16.

The Court heard oral argument on the Motion on June 3, 2013. For the reasons stated in this Order, the Motion is GRANTED, and the matter is remanded to the Los Angeles County Superior Court.

1. The Allegations in the Complaint

The Complaint alleges that Plaintiff worked as a non-exempt sales associate from August to November 2011 at Defendant's retail location in Commerce, California. Compl. ¶ 21, Dkt. 1. He filed this action on behalf of himself and the proposed class, which the Complaint defines as "[a]ll persons who worked for Defendants in California as a Sales Associate, or in a similar position with similar duties, within four years prior to the filing of this complaint until the date of certification." Id. at ¶ 14. The Complaint alleges that Defendant is "the largest pure-play children's specialty apparel retailer in North America." Id. at ¶ 19. The Complaint further alleges that Plaintiff and members of the class: (i) did not receive proper overtime compensation; (ii) did not receive proper minimum wages for off-the-clock work; (iii) did not receive required meal periods or proper compensation in lieu thereof; (iv) did not receive required rest periods or proper compensation in lieu thereof; (v) were not provided with complete and accurate wage statements; and (vi) did not timely receive all payments of wages, both during employment and upon termination. Id. at ¶¶ 24-32. ...


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