Judge: Stephen I. Goorvitch, Case: 22STCV33046, Date: 2023-02-16 Tentative Ruling

Case Number: 22STCV33046    Hearing Date: February 16, 2023    Dept: 39

Nam Suk Park v. Huge USA, Inc.

Case No. 22STCV33046

Demurrer

            Plaintiff filed this employment action against Defendant.  Plaintiff’s first through fifth causes of action assert claims for failure to pay overtime, failure to pay minimum wage, failure to provide meal periods, failure to provide rest breaks, and failure to reimburse business expenses.  Now, Defendants demur to these causes of action, arguing that they are impermissibly vague.  The Court disagrees.  Plaintiff need only allege an approximate amount of work Plaintiff performed without adequate compensation.  (See Aguiar v. Cintas Corp. No. 2 (2006) 144 Cal.App.4th 121, 135.)  Plaintiff alleges sufficient facts to satisfy this standard.  (See Complaint, ¶¶ 12-15.)  Plaintiff also alleges sufficient facts to assert the fifth cause of action.  Plaintiff alleges that “Defendants required Plaintiff to pay for the green card processing, including attorney’s fees and the advertisement required for the green card process,” even though “[e]mployers must pay portions of the costs by law.”  (Complaint, ¶ 18.)  These allegations are sufficient for pleading purposes.  Defendants may obtain further information about Plaintiff’s claims through discovery.  (See Lickiss v. Financial Industry Regulatory Authority (2012) 208 Cal.App.4th 1125, 1135.) 

            Based upon the foregoing, the Court orders as follows:

            1.         Defendants’ demurrer is overruled.

            2.         Defendants shall file an answer within twenty (20) days.

            3.         Defendants shall provide notice and file proof of such with the Court.