Judge: Blaine K. Bowman, Case: 37-2023-00054631-CU-OE-CTL, Date: 2024-05-24 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - May 16, 2024

05/17/2024  08:30:00 AM  C-74 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Blaine K. Bowman

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Civil - Unlimited  Other employment Demurrer / Motion to Strike 37-2023-00054631-CU-OE-CTL FLORES FLORES VS PACIFIC GREEN LANDSCAPE INC [E-FILE] CAUSAL DOCUMENT/DATE FILED:

Defendant Pacific Green Landscape, Inc.'s demurrer to Plaintiff's complaint is OVERRULED in its entirety.

Failure to Pay Minimum and Straight Time Wages (Lab. Code §§ 204, 1194, 1194.2, 1197) Failure to Pay Overtime Wages (Cal. Lab. Code §§ 1194, 1198) Failure to Provide Meal Periods (Cal. Lab. Code §§ 226.7, 512) Failure to Authorize and Permit Rest Periods (Cal. Lab. Code §§ 226.7) The court finds that, while sparse, the complaint alleges facts sufficient to state each of these causes of action [Cplt. ¶¶ 3, 4, 5, 6, 7, 9, 13-22, 32-41, 42-50, 51-54, 55-58]. The court is not persuaded by any of the arguments Pacific raises. The court finds the complaint sufficiently alleges the work performed by Plaintiff that requires the payment of minimum or overtime wages was performed while under the control of Pacific and/or that Pacific 'suffered or permitted' the work to occur [Cplt. ¶ 9]. The details as to Pacific's specific policies/practices requiring off-the-clock work, how often and when off-the-clock work was performed, who at Pacific required off-the-clock work, the mechanics of the time rounding system that allegedly failed to properly compensate Plaintiff and the class, the manner in which Pacific allegedly failed to provide meal and rest breaks, the policies that led to missed meal and rest breaks, how Pacific required, pressured and/or encouraged Plaintiff to skip these breaks and when, where, why and how Plaintiff was denied legally compliant meal and rest breaks, are more properly the subject of discovery.

See, Khoury v. Maly's of California, Inc. (1993) 14 Cal.App.4th 612, 616.

Failure to Timely Pay Final Wages at Termination (Cal. Lab. Code §§ 201-203) The court finds the complaint alleges facts sufficient to state a Labor Code §§ 201-203 cause of action [Cplt. ¶¶ 59-65]. To the extent Pacific's demurrer to this cause of action is premised on Pacific's arguments as to the first four causes of action, Pacific's demurrer is overruled for the reasons set forth above. The court finds the allegations sufficient to support a finding that Pacific acted 'willfully' [Cplt. ¶¶ 4, 19, 34, 53, 57, 63]. None of the authorities Pacific relies on requires allegations as to whether Plaintiff was involuntarily terminated or whether Plaintiff resigned. This issue is more appropriately addressed in discovery.

Failure to Provide Accurate Itemized Wage Statements (Cal. Lab. Code § 226) Calendar No.: Event ID:  TENTATIVE RULINGS

3105591  8 CASE NUMBER: CASE TITLE:  FLORES FLORES VS PACIFIC GREEN LANDSCAPE INC [E-FILE]  37-2023-00054631-CU-OE-CTL The court finds the complaint alleges facts sufficient to support a finding that Plaintiff suffered injury as a result of Pacific's 'knowing and intentional' violation of Labor Code § 226 [Cplt. ¶¶ 4, 5, 20, 34, 37, 47, 68, 69, 70, 72]. The clarification Pacific seeks as to whether Plaintiff is pursing any non-derivative claims under this cause of action is an issue more properly the subject of discovery.

Failure to Indemnify Employees for Expenditures (Cal. Lab. Code § 2802) The court finds the complaint alleges facts sufficient to state a cause of action under Labor Code § 226.

The court finds the allegations sufficient to support a finding that Pacific had notice of the need for reimbursement [Cplt. ¶¶ 4, 5]. None of the authorities Pacific relies on requires any further allegations to withstand demurrer on the issue of notice. The court also finds allegations that Plaintiff incurred expenses for 'work attire' sufficient to identify the alleged expense. As with the above causes of action, the specifics of how or when Pacific required the incursion of the alleged expenditures, whether class members incurred the same or similar expenses, Pacific's knowledge of the allegedly incurred expenditures, how much the items cost and what purpose the expenditures served in Plaintiff's performance of work duties are issues more properly the subject of discovery.

Unfair Business Practices (Cal. Bus. & Prof. Code §§ 17200, et seq.) Pacific's demurrer to this cause of action is premised on the failure of the remaining causes of action pled. For the same reasons set forth above, the court finds this cause of action sufficiently pled.

Pacific shall answer within 10 days of this ruling.

If this tentative ruling is confirmed the Minute Order will be the final order of the court and the parties shall not submit any further order on this motion.

Unless the ruling(s) above indicate that an appearance is necessary, parties who wish to submit, who are satisfied with the above tentative ruling(s), and/or who do not otherwise wish to argue the motion(s) are encouraged to give notice to the Court and each other of their intention not to appear.

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3105591  8