United States District Court, C.D. California, Western Division
ORDER GRANTING MOTION TO REMAND 
STEPHEN V.WILSON UNITED STATES DISTRICT JUDGE.
seeks to remand an employment disability discrimination,
wrongful termination and labor code violation case to state
court, arguing that the removal was not timely and the amount
in controversy does not meet the $75, 000 minimum threshold
required for a federal case.
reasons stated below, this Court GRANTS Plaintiff's
motion to remand.
alleges that she was employed by Defendants as a food
preparer between 2004 and May 27, 2015. Dkt 23. In late April
of 2014, Plaintiff claims to have sustained hand injuries
while working, resulting in a disability. Dkt. 11-1, Ex. K at
7. Plaintiff's doctor instructed certain work
restrictions for Plaintiff, including approximately six
months of no lifting more than 10 pounds and a break every 50
minutes. Id. Plaintiff contends that a manager named
Jorge Martinez refused to allow her to take 10 minute breaks
for every 50 minutes of work. Id. When
Plaintiff's doctor lifted the restrictions, Plaintiff had
continued pain in her hands. Id. Plaintiff then
requested to change positions, but claims that a manager
Raquel Palaox ignored her request. Id.
May 2015, Plaintiff alleges that manager Cole implemented a
“no Spanish” policy in the Chipotle branch where
Plaintiff was employed. Id. at 8. Plaintiff reported
the policy to human resources because she believed it was in
violation of the law. Id. As a result, Plaintiff
contends that Cole reduced Plaintiff's hours from her
normal 40 hours per week to 12 hours per week. Id.
Plaintiff unsuccessfully protested the hour reduction.
further alleges that Cole intended to ostracize her by
rejecting Plaintiff's offer to aid a new employee, and
instead instructed a different employee to aid the new
employee. Id. Plaintiff alleges that Cole instructed
other employees to surveil Plaintiff to ensure compliance
with the “no Spanish” policy, and that she
reprimanded Plaintiff for saying “salud” instead
of “bless you” to a coworker who sneezed.
Id. Plaintiff also claims unfair criticism by Cole,
and that Cole texted other managers not to contact Plaintiff
for assistance nor provide her with work-related courtesies.
Id. at 9.
requested a transfer to another store. Id. Cole
refused, saying she received complaints from other employees
that Plaintiff did not work well with others. Id.
claims Cole told Plaintiff there would be consequences if she
complained to a manager outside the store, and Plaintiff
could quit her job if she was unhappy. Id. at 10.
Plaintiff was terminated from her employment on May 27, 2015.
28, 2016, Plaintiff Jacqueline Gamez
(“Plaintiff”) filed this action against
Defendants Chipotle Mexican Grill, Inc., Chipotle Services,
LLC, Chipotle Mexican Grill Service, Chipotle Mexican Grill,
Chipotle, and Christina Cole (“Cole”), in Los
Angeles County Superior Court (collectively,
complaint, Plaintiff advances eight claims under California
law: (1) Discrimination in Violation of Gov't Code
§§12940; (2) Harassment in Violation of Gov't
Code §§12940; (3) Retaliation in Violation of
Gov't Code §§12940; (4) Failure to Prevent
Discrimination in Violation of Gov't Code
§§12940; (5) Failure to Provide Reasonable
Accommodation in Violation of Gov't Code
§§12940; (6) Failure to Engage in Good Faith
Interactive Process in Violation of Gov't Code
§§12940; (7) Wrongful Termination in Violation of
Public Policy; and (8) Retaliation under Cal. Labor Code
§§1102.5, 1102.6. Dkt.1.
September 16, 2016, Defendant Cole filed a Demurrer and
Motion to Strike Portions of Plaintiff's Complaint. Dkt.
1. On October 7, 2016, Plaintiff filed a First Amended
Complaint, which dropped all of the claims asserted against
Cole, with the exception of Plaintiff's cause of action
for Harassment. Id. On November 10, 2016, Defendants
filed a Demurer and Motion to Strike as to Plaintiff's
First Amendment Complaint. Id. On December 16, 2016,
the Court sustained the Demurrer on the ground that the First
Amended Complaint was conclusory pled. Id. Plaintiff
filed a Second Amended Complaint on December 27, 2016. On
January 12, 2017, Defendant Cole applied ex parte to
dismiss the entire action against her. On January 12, 2017,