Reyes

INTRODUCTION

19 On April 9, 2024, Defendants Five Diamond Cold Storage, Inc., Grow Smart Labor, Inc., 20 Pedro Arellano-Moya, and Jorge Esteban Fuentes filed a motion to dismiss Plaintiff Sara Reyes’ 21 first amended complaint pursuant to Rules and 12(b)(6) of the Federal Rules of Civil 22 Procedure. The Court finds this matter suitable for decision without oral argument. See Local 23 Rule 230(g). Based on the moving, opposition, and reply papers, and the Court’s record, the 24 Court recommends granting Defendants’ motion to dismiss with leave to amend. 25 / / / 26 / / / 27 / / / II. BACKGROUND Sara Reyes (“Plaintiff”) alleges she has been employed directly or jointly by Defendants Grow Smart Labor, Inc. (“Grow Smart”), Five Diamond Cold Storage, Inc. (“Five Diamond”), Pedro Arellano-Moya, and Jorge Esteban Fuentes (collectively “Defendants”) as a non-exempt employee on land owned, leased, and/or operated by Defendants in and around Tulare County, California. (First Amended Complaint (“FAC”), ECF No. 7, ¶ 10.) Plaintiff alleges that “during the relevant time period,” she …