McElroy

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

KIM J. MCELROY,

Case No. 25-cv-02996-RS Plaintiff, 11 v. ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT'S

VITALANT, MOTION TO DISMISS SECOND

AMENDED COMPLAINT AND Defendant. DENYING DEFENDANT’S MOTION TO STRIKE

Kim McElroy, on behalf of herself and a putative class of similarly situated individuals, sued Vitalant, her former employer, for eleven violations of the California Labor Code and the California Business and Professions Code. Vitalant’s motion for judgment on the pleadings was granted, with leave to amend, because McElroy’s First Amended Complaint (FAC) failed to allege facts sufficient to make any of the asserted violations plausible. Vitalant now moves to dismiss McElroy’s Second Amended Complaint (SAC) under Rule 12(b)(6) and to strike the class action averments under Rule 12(f).…