Smith-Emery Company v. International Union of Operating Engineers Local Union No 12
| Smith-Emery Company |
| International Union of Operating Engineers Local Union No 12 and Does 1 through 100, inclusive |
| 2:2015cv06367 |
| August 20, 2015 |
| US District Court for the Central District of California |
| Alexander F MacKinnon |
| Christina A Snyder |
| Labor: Labor/Mgt. Relations |
| 29 U.S.C. ยง 185 Labor/Mgt. Relations (Contracts) |
| Plaintiff |
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Filing
42
MINUTES OF Motion Hearing held before Judge Christina A. Snyder RE: Defendant's Motion to Dismiss Case 29 . Having determined that plaintiff's sole claim in this action is not preempted by Section 301and because there is no alternative bas is for this court to exercise jurisdictionthe Court concludes that this matter is appropriately remanded to state court for further proceedings. In remanding the action, the Court does not reach the merits of defendant's arguments in the instant motion regarding the collateral estoppel effect on this case of the 2009 action between the Trustees and Smith-Emery. Nor does the Court here consider whether the operative First Amended Complaint sufficiently states a claim for intentional misrepresentation under California law. The Court REMANDS this action to the Los Angeles County Superior Court, Case No. BC587840. (Made JS-6. Case Terminated.) Court Reporter: Laura Elias. (gk)
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Filing
22
MINUTES OF Motion Hearing held before Judge Christina A. Snyder: The Court finds plaintiff's sole state law claim for intentional misrepresentation and fraud, as currently pled in the complaint, to be preempted by section 301 of the Labor Management Relations Act. The Court therefore GRANTS defendant's motion to dismiss 12 without prejudice. Plaintiff shall have until and including 12/14/2015 to file an amended complaint. Court Reporter: Laura Elias. (gk)
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