Solis
Solis v. Gate Gourmet, Inc.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
KEVIN ROBERTO SOLIS, et al., Case No. 24-cv-01287-VC
Plaintiffs,
ORDER GRANTING MOTION TO
v. DISMISS AND STRIKE
GATE GOURMET, INC., Re: Dkt. No. 60 Defendant.
The motion to dismiss and strike is granted. This order assumes the reader’s familiarity with the facts, governing legal standards, and arguments made by the parties. The claim for failure to return deposits with interest as required by Labor Code section 404 is dismissed because the complaint does not include enough detail about the alleged violations. Indeed, the complaint’s allegations supporting this claim are identical to those held insufficient in the order granting in part Gate Gourmet’s first motion to dismiss. See Dkt. No. 44 at 2. Separately, dismissal of this claim is appropriate because the plaintiffs added it without leave to do so. See Strifling v. Twitter, 2024 WL 54976, at *1 (N.D. Cal. Jan. 4, 2024). The claim for failure to pay vacation time as required by Labor Code section 227.3 is dismissed for the same reasons. The complaint states only that Gate Gourmet has a “consistent policy” of failing to…