Gunawan v. Howroyd-Wright Employment Agency

997 F. Supp. 2d 1058, 2014 WL 539907, 2014 U.S. Dist. LEXIS 17873
CourtDistrict Court, C.D. California
DecidedJanuary 30, 2014
DocketCase No. SACV 13-01356-CJC (AGRx)
StatusPublished
Cited by4 cases

This text of 997 F. Supp. 2d 1058 (Gunawan v. Howroyd-Wright Employment Agency) is published on Counsel Stack Legal Research, covering District Court, C.D. California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Gunawan v. Howroyd-Wright Employment Agency, 997 F. Supp. 2d 1058, 2014 WL 539907, 2014 U.S. Dist. LEXIS 17873 (C.D. Cal. 2014).

Opinion

ORDER REGARDING PARTIES’ CROSS-MOTIONS FOR SUMMARY JUDGMENT

CORMAC J. CARNEY, District Judge.

INTRODUCTION

On August 30, 2013, Defendant KForce, Inc. (“KForce”) removed this action, filed by Plaintiffs Liza Gunawan and Danny Canias (together, “Plaintiffs”), from California Superior Court asserting jurisdiction under the Class Action Fairness Act (“CAFA”). (Dkt. No. 1.) Plaintiffs bring a putative class action against KForce and Workway (together, “Defendants”) asserting wage and hour claims arising from a purported employment relationship. (Dkt. No. 1, First. Am. Compl. [“FAC”].) On October 31, 2013, having read Workway’s motion to dismiss Ms. Gunawan’s FAC, (Dkt. No. 14), the Court converted the motion to one for summary judgment and ordered the parties to submit additional briefing. (Dkt. No. 26.) The Court additionally ordered KForce to file its own motion for summary judgment on Ms. Gu-nawan’s claims against it. (Id.) Before the Court is Workway’s motion for summary judgment, (Dkt. No. 34), KForce’s motion for summary judgment, (Dkt. No. 35), and Ms. Gunawan’s cross-motions for partial summary judgment against Workway and KForce, (Dkt. Nos. 36, 37). For the reasons stated herein, KForce’s motion for summary judgment is GRANTED IN SUBSTANTIAL PART. Further, the Court finds Workway to have been an improperly joined defendant, and REMANDS the claims asserted against it to Orange County Superior Court. Work-way’s motion for summary judgment, and Ms. Gunawan’s cross-motion for partial summary judgment against it, are DISMISSED. Finally, Ms. Gunawan’s motion for partial summary judgment against KForce is DENIED.

BACKGROUND

KForce is a temporary staffing agency which works with its client companies to fill their employment vacancies with qualified candidates.1 (Dkt. No. 35-1, KForce’s [1061]*1061Uncontroverted Facts [“KForce UF”] ¶ 1.) When KForce locates a qualified prospective candidate for its client employer’s vacancy, it will contact the candidate to discuss their interest in and qualifications for the position, and possibly set up an interview for the position. (KForce UF ¶ 2-6.) If KForce’s client wants to hire the prospective employee, that employee will be hired as a “consultant” for KForce, but then assigned to work for KForce’s client. (KForce UF ¶ 3.)

Plaintiff Liza Gunawan is an individual who utilized KForce’s services to obtain a temporary employment position. Ms. Gu-nawan had submitted an on-line application for employment with KForce in June 2012. (Dkt. No. 35-6 [“Chandler Decl.”] ¶ 5.) Seeking to fill a number of vacancies for its client, Title Resource Group (“TRG”), KForce identified Ms. Gunawan as a possible employment candidate, and invited her for an interview with KForce on June 7, 2012. (KForce UF ¶¶ 5-6.) Subsequent to that interview, KForce contacted TRG to inquire whether it was interested in interviewing Ms. Gunawan for a vacant position. (KForce UF ¶ 7.) KForce modified Ms. Gunawan’s resume and then sent it to TRG. (Dkt. No. 49 — 1, Pis.’ Additional Uncontroverted Facts [“PUF”] ¶ 1.) TRG decided to interview Ms. Gunawan. The interview was set up by KForce, and held on June 8, 2012. (PUF ¶ 2.) After the interview, TRG informed KForce that it wanted to hire Ms. Gunawan. Therefore, Ms. Gunawan returned to KForce’s offices to complete new. hire paperwork. (KForce UF ¶¶ 18-20.) The paperwork she signed on June 8 made her an employee of KForce, with her assignment with TRG to commence on June 11,2012. (KForce UF ¶ 23-25.) The assignment extended through October 2012, (KForce UF ¶ 25-27), when, on October 11, 2012, Ms. Gunawan received notice that effective the prior day, she had been discharged from her employment with KForce for “unsatisfactory work performance.” (Dkt. No. 36-4 [“Gunawan Decl.”], Exh. H.) After her discharge, Ms. Guna-wan’s final wage payment was made to her in the form of a debit card. (KForce UF ¶¶ 27-28; PUF ¶ 9.)

Like KForce, Workway is also a temporary staffing agency that sets up employment interviews between prospective employees and employers. (Dkt. No. 34-1, Workway’s Uncontroverted Facts [“Work-way UF”] ¶¶ 1-7.) Utilizing Workway’s service, Ms. Gunawan interviewed with two of Workway’s clients, Auction.com and IMPAC, Inc. (Workway UF ¶¶23, 27.) Ms. Gunawan was never selected for an assignment with either company. (Work-way UF ¶¶ 25, 28.)

ANALYSIS

I. Misjoinder of Workway

Federal Rule of Civil Procedure 20, the permissive joinder statute, provides that “[p]ersons ... may be joined in one action as defendants if: (A) any right to relief is asserted against them jointly, severally, or in the alternative with respect to or arising out of the same transaction, occurrence, or series of transactions or occurrences; and (B) any question of law or fact common to all defendants will arise in the action.” Here, there is no allegation of joint, several, or alternative liability with respect to KForce and Workway. In fact, Ms. Gunawan does not allege that there is any relationship between the parties at all, nor do her interactions with them arise out of the same transaction, occurrence, or series of transactions or occurrences. Joinder of claims against them is improper.

Moreover, Workway, like Ms. Gunawan, is a California citizen. As a result, Workway cannot meet the “minimal diversity” requirement of the Class Action Fairness Act. The Court therefore lacks juris[1062]*1062diction over Ms. Gunawan’s state law claims. The Court finds it appropriate to sever Ms. Gunawan’s claims against Work-way and to REMAND such claims to Orange County Superior Court. See Fed.R.Civ.P. 21. Because the Court does not retain jurisdiction over Workway, its motion for summary judgment is DISMISSED.2

II. KForce’s Motion for Summary Judgment

Summary judgment is proper if the evidence before the court “show[s] that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law.” Fed.R.Civ.P. 56(c); see also Celotex Corp. v. Catrett, 477 U.S. 317, 322, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). A factual issue is “genuine” when there is sufficient evidence such that a reasonable trier of fact could resolve the issue in the non-movant’s favor, and an issue is “material” when its resolution might affect the outcome of the suit under the governing law. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986).

On summary judgment, a moving party without the ultimate burden of persuasion at trial may carry its initial burden of production by showing that the opposing party does not have enough evidence of an essential element of its claim or defense to carry its ultimate burden of persuasion at trial, that is, it does not have enough evidence from which a jury could find an essential element of the opposing party’s claim or defense. Celotex, 477 U.S. at 325, 106 S.Ct. 2548; Nissan Fire & Marine Ins. Co., Ltd. v. Fritz Cos., Inc.,

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Cite This Page — Counsel Stack

Bluebook (online)
997 F. Supp. 2d 1058, 2014 WL 539907, 2014 U.S. Dist. LEXIS 17873, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gunawan-v-howroyd-wright-employment-agency-cacd-2014.