Judge: William D. Claster, Case: 22-01289409, Date: 2023-08-11 Tentative Ruling

Plaintiff Dameco Gates' Notice of Motion and Motion for Leave to Amend the Complaint (ROA #29)

Plaintiff Dameco Gates’ unopposed motion for leave to file a first amended complaint (FAC) is GRANTED. Plaintiff is ordered to file and serve the proposed FAC (Bokhour Decl., Ex. B) by August 18, 2023.

As currently pled, this is a wage-and-hour class action based mainly on Defendant Herablife Manufacturing LLC’s alleged miscalculation of the regular rate of pay. Plaintiff contends this miscalculation results in violation of numerous provisions of the Labor Code that require employees to be paid in reference to the regular rate of pay rather than a straight hourly rate.

Plaintiff’s proposed FAC makes two changes. First, Plaintiff intends to add a cause of action for minimum wage violations based on an allegedly illegal rounding system. Second, Plaintiff intends to add a cause of action for civil penalties under PAGA.

Plaintiff may amend to add a PAGA claim by right; leave of the Court is not required. As to the minimum wage claim, Plaintiff’s counsel declares that the amendment quickly follows an unsuccessful early mediation, that no formal discovery has been taken, that no trial date has been set, and that no prejudice will result if amendment is permitted. (Bokhour Decl. ¶¶ 9-10.) Based on counsel’s declaration, and given the lack of any opposition from Defendant, the Court finds no prejudice will result if Plaintiff is given leave to file the FAC. Accordingly, the motion is granted.