Silva v. Medic Ambulance Serv.

1 Citing case

  1. Whiteside v. SPSG Partners, LLC

    2:20-cv-01643-TLN-DMC (E.D. Cal. Mar. 16, 2022)

    The Ninth Circuit has found that a plaintiff's claims “are not substantially dependent on analysis of the CBA” where resolution of the state law claims did not involve construing the CBA. Silva v. Medic Ambulance Service, Inc., 846 Fed.Appx. 592, 593 (9th Cir. 2021) (reversing district court's order granting plaintiff's motion to remand because even though the CBA “may be relevant” to whether the defendant employer required the plaintiff to remain on call during rest periods, it was primarily a “purely factual inquiry” that did not depend on interpretation of the CBA). The Court will evaluate the claims in turn.