Guerra
Guerra v. OS Restaurant Services, LLC
Opinion
Trial Court Opinion
I. BACKGROUND
17 Plaintiff Sonia Castaneda Guerra initially filed this putative class action in Contra Costa 18 Superior Court against Defendant OS Restaurant Services, LLC and 50 unidentified “Doe” 19 defendants. See Dkt. No. 1, Ex. A (“Compl.”). Defendant OS Restaurant Services, LLC, removed 20 the action to federal court based on the Class Action Fairness Act, 28 U.S.C. § 1332(d). Dkt. No. 21 1. Plaintiff seeks to represent a class of “all current and former non-exempt employees of 22 Defendants in the State of California at any time within the period beginning four (4) years prior 23 to the filing of this action and ending at the time this action settles or the class is certified.” 24 Compl. at ¶ 5. Defendant now moves for judgment on the pleadings and to dismiss or strike the 25 class allegations as insufficiently pled. Dkt. No. 15.
II. LEGAL STANDARD
27 “After the pleadings are closed—but early enough not to delay trial—a party may move for judgment on the pleadings.” Fed. R. Civ. P. 12(c). Granting a judgment on the pleadings is proper when, “taking all the allegations in the pleadings as true, the moving party is entitled to judgment as a matter…