Judge Lee W. Tsao, Case Number: 23NWCV02311, Date: 2024-05-02 Tentative Ruling

Judge: Lee W. Tsao, Case: 23NWCV02311, Date: 2024-05-02 Tentative Ruling

Case Number: 23NWCV02311 Hearing Date: May 2, 2024 Dept: C

ESPINOZA v. OMNI LOGISTICS, LLC

CASE NO.: 23NWCV02311

HEARING: 05/02/24

Defendants’ Demurrer to Plaintiff’s Complaint is SUSTAINED with 30 days leave to amend in part and OVERRULED in part.

Moving Party to give notice.

This wage-claim action was filed by Plaintiffs DAVID ESPINOZA; OSCAR APARICIO; and RAMON GONZALEZ on July 25, 2023.

The operative Complaint alleges that “[t]his is a wage and hour action arising out of Defendant OMNI LOGISTICS, LLC’s (‘Defendant’) misclassification of Plaintiffs… as independent contractors, failure to pay wages owed, failure to provide accurate wage statements, and failure to reimburse for necessary business expenses.” (Complaint ¶1.)

Plaintiffs assert the following causes of action:

(1) Unpaid Wages;

(2) Failure to Provide Accurate Wage Statements;

(3) Failure to Reimburse for Necessary Business Expenses;

(4) Violation of Bus. & Prof. Code §17200

Defendant OMNI LOGISTICS, LLC (“Defendant”) generally demurs to Plaintiffs’ third and fourth causes of action.

Third Cause of Action – Failure to Reimburse for Necessary Business Expenses

Defendant argues that the Complaint lacks sufficient factual allegations to support Plaintiffs’ third cause of action.

The elements of Labor Code §2802(a) are: “(1) the employee made expenditures or incurred losses; (2) the expenditures or losses were incurred in direct consequence of the employee’s discharge of his or her duties, or obedience to the directions of the employer; and (3) expenditures or losses were necessary.” (Cassady v. Morgan, Lewis & Bockius LLP (2006) 145 Cal.App.4th 220, 230.)

As argued by Defendant, Plaintiffs’ allegations with respect to this cause of action are factually devoid. Statutory causes of action must be pled with factual particularity. (Lopez v. Southern California Rapid Transit District (1985) 40 Cal.3d 780, 795.)

The demurrer to the third cause of action is SUSTAINED with 30 days leave to amend.

Fourth Cause of Action – Violation of Bus. & Prof. Code §17200

Defendant argues that an employee may not seek a restitution award under the UCL for unpaid wages because of the existence of another adequate remedy.

As argued by Plaintiffs in Opposition, pursuant to Cortez v. Purolator Air Filtration Products Co. (2000) 23 Cal.4th 163, 177-178, the wage and hour violations alleged are a sufficient bases to support a UCL claim.

The demurrer to the fourth cause of action is OVERRULED.