Theresa Miner v. L3Harris Maritime Power and Energy Solutions, Inc.

Summary

The United States District Court for the Central District of California granted Theresa Miner’s motions to remand and for leave to amend her complaint. The court permitted joinder of Miner’s former supervisor, Carmen Henry, a California citizen, concluding that the proposed claims under California Labor Code section 558.1 were potentially viable and that joinder would destroy diversity jurisdiction. The court therefore remanded the action to state court.

Holdings

1. Joinder of Carmen Henry should be permitted because the relevant § 1447(e) factors, considered together, weighed in favor of amendment and joinder.
2. Henry was not shown to have been fraudulently joined because L3Harris did not establish that there was absolutely no possibility that Miner could state a claim against Henry in state court.
3. Permitting joinder of Henry, a California citizen like Miner, destroyed complete diversity, requiring remand to state court for lack of subject matter jurisdiction.

Questions Presented

1. Whether the court should permit Miner to amend her complaint under 28 U.S.C. § 1447(e) and Rule 15(a) to join nondiverse defendant Carmen Henry.
2. Whether Henry was fraudulently joined because there was no possibility that Miner could state a claim against her under California Labor Code § 558.1.
3. Whether joinder of Henry destroyed complete diversity and required remand under 28 U.S.C. § 1447(c).

Disposition

remanded