Nor-Cal Moving Services v. Paylocity Corp.

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

NOR-CAL MOVING SERVICES, Case No. 25-cv-02085-RFL

Plaintiff,

ORDER DEFERRING RULING ON

v. ANTI-SLAPP MOTION TO STRIKE

PAYLOCITY CORP., Re: Dkt. No. 40 Defendant.

Nor-Cal is a moving services company. It contracted with Paylocity to provide it employee payroll and time-tracking services. Allegedly, unbeknownst to Nor-Cal, Paylocity rounded employee time in violation of California law. Current and former Nor-Cal employees accordingly sued Nor-Cal. Nor-Cal subsequently discovered Paylocity’s rounding practice and commenced this action to recover. In answering Nor-Cal’s complaint, Paylocity brought a single counterclaim for breach of contract, alleging that Nor-Cal breached the parties’ agreement. (See Dkt. No. 37 (the “A&C”).) Nor-Cal now moves to strike the counterclaim under California’s anti-SLAPP statute. (See Dkt. No. 40 (the “Motion”).) For the reasons set forth below, the Court DEFERS ruling on the Motion until after Paylocity has had a chance to amend its counterclaim.

I. CHOICE OF LAW

Paylocity argues that Illinois’s (and not California’s)…