Hendrickson
Hendrickson v. Wal-Mart Associates, Inc.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 MARK HENDRICKSON, individually Case No.: 23-cv-00110-AJB-MSB and on behalf of others similarly situated 12 and/or aggrieved employees of ORDER RE: DEFENDANT’S MOTION Defendants in the State of California, TO DISMISS PLAINTIFF’S FOURTH
AMENDED COMPLAINT
Plaintiff, (Doc. No. 40) v. 16 WAL-MART ASSOCIATES, INC.; and 17 DOES 1 through 50, inclusive, 18 Defendant.
20 Presently pending before the Court is Defendant Wal-Mart Associates, Inc.’s motion 21 to dismiss Count 3 of Plaintiff Mark Hendrickson’s Fourth Amended Complaint (“4AC”) 22 for alleged violations of California’s Unfair Competition Law. (Doc. No. 40.) The motion 23 is fully briefed, (Doc. Nos. 42 & 43), and the matter is suitable for determination on the 24 papers. See S.D. Cal. Civ. L. R. 7.1.d.1. For the reasons stated herein, Walmart’s motion 25 to dismiss is DENIED AS MOOT and Plaintiff’s claim under the UCL is remanded to the 26 San Diego County Superior Court. 27 /// 28 I. BACKGROUND Plaintiff is a current employee…