LOS ANGELES – National Distribution Centers LLC has filed a request to have a class-action lawsuit brought against it removed from the California Superior Court of Los Angeles to the U.S. District Court for the Central District of California.
The case was filed by Gasper Cuevas on behalf of all other similarly situated as current or former employees of NDC. The class action seeks relief in excess of $7.9 million for compensatory, consequential, and incidental damages for past and future lost wages, bonuses, expenses, and other losses, according to the motion filed by NDC.
The class also requests special damages, prejudgment interest, attorney fees, civil penalties, waiting time penalties, punitive damages, costs, interest and other relief deemed necessary by the court.
NDC filed the motion for removal based on jurisdiction as the plaintiff resides in California and the defendant is a citizen of Delaware and New Jersey. The motion also cites procedural background as a cause as there have not been any members to the class other than Cuevas, nor further process, pleadings or orders related to the case, according to the motion.
The defendant also cites a discrepancy of over $1.7 million for penalties under the California Labor Code, which has a one-year statute of limitations. The plaintiff has filed for 100 percent relief over the entire period worked by the class. This accounts for 34,511 wage statements, according to the motion.
NDC also argued that $5.7 million is in discrepancy for waiting times under the California Labor Code. This has a three-year statute of limitations, and again the plaintiff has alleged 100 percent relief for all hours worked unpaid. This is in addition to attorney fees which all to the controversial penalties in question.
More than $7.9 million in damages have been requested by the class, which NDC argues is out of the jurisdiction of the court.
NDC is represented by attorneys Joshua J. Cliffe and Britney N. Torres of Littler Mendelson, P.C.