Loveland
Loveland v. Home Depot U.S.A., Inc.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
LORI LOVELAND, Case No. 24-cv-06142-VC
Plaintiff,
ORDER DENYING MOTION TO
v. DISMISS
HOME DEPOT U.S.A., INC., Re: Dkt. No. 16 Defendant.
The motion to dismiss is denied. 1. Wage and hour claims. Home Depot argues that Loveland’s wage-and-hour claims are barred by the statute of limitations. Loveland’s first cause of action (unpaid overtime), second cause of action (meal break violations), and third cause of action (rest break violations) all have a three-year statute of limitations. Ruiz v. Southwest Answering Service, Inc., No. 8:23-CV-01769- FWS-ADS, 2024 WL 2107729, at *3 (C.D. Cal. Mar. 29, 2024). Loveland pointed to a workweek in January 2021—more than three years before her complaint was filed in July 2024—to demonstrate the wage and hour violations she alleges. Home Depot’s argument reads Loveland’s complaint, and the Ninth Circuit’s opinion in Landers v. Quality Communications, Inc., 771 F.3d 638 (9th Cir.2014), too narrowly. In Landers, the Ninth Circuit held that “a plaintiff asserting a claim to overtime payments must allege that she worked more than…