Balcorta v. 20th Century Fox Film Corp.

ORDER DENYING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT AND REMANDING CASE TO STATE COURT AND AWARDING ATTORNEYS’ FEES

PAEZ, District Judge.

I

Introduction

This is an action for statutory waiting time penalties brought by an electrical rigger employed by defendant Twentieth *1197Century Fox Film Corporation ( Fox”) under Cal.Lab.Code § 203. Having removed the case on two separate occasions, see Order Remanding Case to California Labor Commissioner, CB 98-1814 RAP (MANx) filed concurrently, defendant seeks summary judgment based on its contention that plaintiffs claim is preempted by § 301 of the Labor…