Germann v. Vulcan Materials Co.

ORDER GRANTING PLAINTIFF’S MOTION TO REMAND; DENYING DEFENDANT’S MOTION TO DISMISS

MOSKOWITZ, District Judge.

This matter comes before the Court on plaintiffs motion to remand his case to the Superior Court of San Diego County and on defendant’s motion to dismiss plaintiffs complaint. Defendant removed the case based on federal question jurisdiction, 28 U.S.C. § 1331, arguing that plaintiffs state law claim was an artfully pled cause of action arising under federal law. Concluding that removal jurisdiction is lacking, the Court grants plaintiffs motion to remand. Accordingly, the Court denies…