De La Rosa v. Leprino Foods Company

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 ISAIAH DE LA ROSA, individually and No. 1:23-cv-01321-KES-SKO on behalf of all aggrieved employees, 12 Plaintiffs, 13 ORDER GRANTING DEFENDANT’S v. MOTION TO DISMISS AND DISMISSING 14 FIRST AMENDED COMPLAINT WITH LEPRINO FOODS COMPANY, a LEAVE TO AMEND 15 Colorado corporation, and DOES 1–25, inclusive, Doc. 20 16 Defendants. 17

18 19 Plaintiff Isaiah De La Rosa proceeds on his first amended complaint (“FAC”), on behalf 20 of himself and others, against defendant Leprino Foods Company (“Leprino”) alleging various 21 state labor law violations. Doc. 19. Leprino moves to dismiss the FAC for failure to state a claim 22 pursuant to Federal Rule of Civil Procedure 12(b)(6). Doc. 20. For the reasons set forth below, 23 Leprino’s motion to dismiss is granted and the FAC is dismissed with leave to amend. 24 I. BACKGROUND 25 On March 23, 2023, De La Rosa initiated this action in the Kings County Superior Court 26 …