Garza, Jr. v. WinCo Holdings, Inc.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 9
EVERARDO GARZA, JR.,
No. 1:20-cv-01354-TLN-SCR Plaintiff, 12 v. ORDER
WINCO HOLDINGS, INC.,
14 Defendant.
17 18 This matter is before the Court on Defendant Winco Holdings, Inc.’s (“Defendant”) Motion to Dismiss. (ECF No. 48.) Plaintiff Everardo Garza, Jr. (“Plaintiff”) filed an opposition. (ECF No. 53.) Defendant filed a reply. (ECF No. 56.) For the reasons set forth below, the Court DENIES in part and GRANTS in part Defendant’s motion. /// /// /// /// /// /// I. FACTUAL AND PROCEDURAL BACKGROUND On August 21, 2020, Plaintiff filed this putative class action against Defendant — his former employer — in Stanislaus County Superior Court. (ECF No. 2.) Defendant removed to this Court on September 23, 2020. (Id.) On October 7, 2020, Defendant moved to dismiss Plaintiff’s Complaint. (ECF No. 7.) On March 28, 2022, District Judge Jennifer L. Thurston granted Defendant’s motion to dismiss with leave…