Judge: Kerry Bensinger, Case: 23STCV04234, Date: 2024-04-12 Tentative Ruling

Case Number: 23STCV04234    Hearing Date: April 12, 2024    Dept: 31

Tentative Ruling

Judge Kerry Bensinger, Department 31

HEARING DATE:      April 12, 2024                                                TRIAL DATE:  Not set

CASE:                                Jorge Avalos v. Wiring Connection, Inc.

CASE NO.:                 23STCV04234

MOTION FOR LEAVE TO FILE SECOND AMENDED COMPLAINT

MOVING PARTY:               Plaintiff Jorge Avalos

RESPONDING PARTY:     No opposition

This is a labor and employment action.  On February 27, 2023, Plaintiff, Jorge Avalos, filed a Complaint against his former employer, Defendant, Wiring Connection, Inc.  On April 27, 2023, Plaintiff filed the operative First Amended Complaint (FAC), alleging causes of action for:

1.      Failure to Pay Wages When Due (Cal. Labor Code §§ 201, 218.5, 218.6, 226.2)

2.      Failure to Pay Overtime Wages (Cal. Labor Code §§218.6, 510, 1194)

3.      Waiting Time Penalties (Cal. Labor Code §§203, 210)

4.      Discrimination in Violation of FEHA (Gov. Code §12940, et seq.)

5.      Harassment in Violation of FEHA (Gov. Code §12940, et seq.)

6.      Retaliation in Violation of FEHA (Gov. Code §12940, et seq.)

7.      Constructive Discharge in Violation of Public Policy

8.      Violation of Unfair Competition Law (Bus. & Prof. Code § 17200)

9.      Retaliation in Violation of Labor Code § 1102.5

On March 22, 2024, Plaintiff filed this Motion for Leave to File Second Amended Complaint.  Plaintiff seeks to expand upon the factual allegations set forth in the FAC, dismiss the cause of action for Discrimination in Violation of FEHA, and add a cause of action for Retaliation in Violation of Labor Code section 98.6.  The proposed Second Amended Complaint is attached to the Declaration of Ani Aghaeian.

Given that Defendant has yet to appear in this action and thus, has not filed opposition. Plaintiff’s Motion to File Second Amended Complaint is GRANTED.  The Second Amended Complaint is deemed filed on the date of this order.  Plaintiff is further directed to separately file the amended pleading. 

Dated:   April 12, 2024