Accordingly the Court grants Plaintiff's Motion and directs the Clerk to Remand this action to the Superior Court of the State of California for the County of San Bernardino
San Francisco, California (PRWEB) November 08, 2016
Federal Judge Honorable Virginia Phillips has sent a truck driver wage class action lawsuit back to California State Court. The Riverside Employment law lawyers at Blumenthal Nordrehaug and Bhowmik originally brought the case in San Bernardino County alleging that Ruan Transportation failed to pay their truck drivers minimum wages and provide the legally required meal and rest breaks. The Ruan Transportation class action is pending in the San Bernardino County Superior Court for the State of California, Case No. CIVDS1605897, a copy of the original Complaint can be read here; The District Court's order, Case No. 16-1143-VAP, remanding the case back to State Court, can be read here.
According to the District Court's opinion, "If defendants wish to remove a case before discovery occurs, 'there are methods of determining a reasoned basis for the calculations such as random sampling and . . . using actual numbers, rather than averages to determine the amount put in controversy by the Complaint.'" The District Court agreed with Plaintiff and concluded, "For the reasons stated above, the Court finds Defendant has failed to sustain its evidentiary burden for the purposes of removal. Accordingly the Court grants Plaintiff's Motion and directs the Clerk to Remand this action to the Superior Court of the State of California for the County of San Bernardino."
According to the District Court's Order, the lawsuit will now continue in State Court. According to the Complaint, which can be read here, the class is defined as all truck driver employees who were employed by Ruan Transport Corporation in California since April of 2012.
Blumenthal, Nordrehaug & Bhowmik is a California and Chicago employment law firm with offices located in San Diego, San Francisco, Los Angeles, Riverside, Sacramento and Chicago. The firm dedicates its practice to contingency fee employment law work for issues involving overtime pay, wrongful termination, discrimination and other labor laws. Contact an experienced employment lawyer today by calling (800) 568-8020.