Legal Opinion
Hernandez v. Delta Star, Inc.
District Court, N.D. California
Decided February 2, 2023No. 3:22-cv-07354Unknown
1Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA ISAAC HERNANDEZ, Case No. 22-cv-07354-VC Plaintiff, ORDER GRANTING MOTION TO v. REMAND DELTA STAR, INC., Re: Dkt. No. 10 Defendant. The motion to remand is granted because there is no subject-matter jurisdiction. This order assumes the reader is familiar with the case. There is no federal-question jurisdiction. Hernandez brings a PAGA action under California law; the only question is whether his state-law cause of action is truly a federal cause of action because of complete preemption. Curtis v. Irwin Industries, 913 F.3d 1146,…
2Cases cited5 opinions
- Grant Fritsch v. Swift Transportation Co. of AzCourt of Appeals for the Ninth Circuit · 2018
- Carl Curtis v. Irwin Industries, Inc.Court of Appeals for the Ninth Circuit · 2019
- Urbino v. Orkin Servs. of California, Inc.Court of Appeals for the Ninth Circuit · 2013
- Patel v. Nike Retail Services, Inc.District Court, N.D. California · 2014
- People ex rel. Foxx v. Facebook (In re Facebook, Inc., Consumer Privacy User Profile Litig.)District Court, N.D. California · 2019