Maisel v. AEH Co.

Decision Date04 October 2021
Docket Number3:21-cv-01493-BEN-DEB
CourtU.S. District Court — Southern District of California
PartiesWALTER MAISEL, PhD, an individual, Plaintiff, v. AEH COMPANY, INC. doing business as SERAPH CONSULTING, a California corporation; TRINET HR III-A, INC., a California corporation; AMBROSE CONROY, an individual; and DOES 1 through 10, Inclusive, Defendant.

WALTER MAISEL, PhD, an individual, Plaintiff,
v.

AEH COMPANY, INC. doing business as SERAPH CONSULTING, a California corporation; TRINET HR III-A, INC., a California corporation; AMBROSE CONROY, an individual; and DOES 1 through 10, Inclusive, Defendant.

No. 3:21-cv-01493-BEN-DEB

United States District Court, S.D. California

October 4, 2021


ORDER GRANTING DEFENDANTS' MOTION [ECF No. 6]

HON. ROGER T. BENITEZ, UNITED STATES DISTRICT JUDGE

I. INTRODUCTION

Plaintiff WALTER MAISEL, Ph.D. (“Plaintiff”) brings this action for breach of contract due to failure to pay wages and a bonus for work performed in 2019 against Defendants AEH COMPANY, INC. doing business as SERAPH CONSULTING, a California corporation (“Seraph”); TRINET HR III-A, INC., a California corporation (“TriNet”); and AMBROSE CONROY, an individual (“Conroy”) (collectively, “Defendants”). ECF No. 1-4 at 65-66.[1]

Before the Court is the Joint Motion of Defendants to Remand the Action to State

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Court (the “Motion”[2]). ECF No. 6. After considering the papers submitted, supporting documentation, and applicable law, the Court GRANTS the Joint Motion.

II. BACKGROUND

A. Statement of Facts

Plaintiff alleges that on or about April 10, 2017, Conroy offered him a position at Seraph as President of Internal Operations. Complaint, ECF No. 1-2 (“Compl.”) at 5, ¶¶ 15-17. On or about January 1, 2018, he accepted the terms of employment, which included a salary of $300, 000.00 and a bonus of ten percent of the distributable profits from the consulting business during his term of his employment, which would be paid at the end of the year in which it is earned and pro-rated by the full month worked. Id. at 5, ¶ 16. On or about December 2, 2019, Conroy informed Plaintiff that allegedly there were some red flags with his expense reimbursements, and he would have to be terminated. Id. at 6, ¶ 24. Plaintiff alleges that Defendants required him to continue to work until at least December 21, 2019, but only paid him through December 2, 2019. Id. at 6, ¶ 25.

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B. Procedural History

On December 2, 2020, Plaintiff filed suit against Defendants in the San Diego Superior Court, Case No. 37-2020-00044075-CU-BC-CTL, alleging six causes of action for (1) breach of contract; (2) failure to pay all wages; (3) false promise; (4) breach of covenant of good faith and fair dealing; (5) failure to provide timely personnel file and payroll records; and (6) violation of California's Unfair Competition Law, Cal. Bus. & Prof. Code § 17200 et seq. ECF No. 1-4 at 5.

On December 9, 2020, Plaintiff served TriNet. ECF No. 1-4 at 25-26. On January 5, 2021, Seraph accepted service of the Complaint through a Notice of Acknowledgement and Receipt. ECF No. 1 at 2, ¶ 3. On January 8, 2021, TriNet filed an Answer to Plaintiff's Complaint. ECF No. 1-4 at 27. On February 16, 2021, Seraph filed a Joint Answer to Plaintiff's Complaint. Id. at 34. On July 21, 2021, Conroy accepted service of the Complaint through a Notice of Acknowledgement and Receipt. ECF No. 1 at 2, ¶ 4. On August 13, 2021, Conroy filed a separate Answer to Plaintiff's Complaint. ECF No. 1-4 at 80.

On August 23, 2021, Conroy removed the case to the Southern District of California on the basis of diversity jurisdiction. ECF No. 1 at 3, ¶ 9. Conroy alleges that the amount in controversy exceeds $75, 000.00, and diversity of citizenship exists because (1) Plaintiff alleges he is a resident and citizen of Michigan; (2) AEH and Conroy are both...

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