Martinez
Francisco Martinez v. The Toro Company
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
FRANCISCO MARTINEZ, Case No. 25-cv-08212-VC
Plaintiff,
ORDER GRANTING MOTION TO
v. DISMISS
THE TORO COMPANY, Re: Dkt. No. 10 Defendant.
The motion to dismiss is granted with leave to amend. This ruling assumes that the reader is familiar with the facts, the applicable legal standards, and the arguments made by the parties. Although Martinez does not have to allege specific dates or identify a precise occasion on which he worked overtime, at a minimum, his complaint must “connect the dots between the employer’s alleged policy and the employee’s schedule.” See Stewart-Alexander v. Saks & Company, 2021 WL 3201380, at *1 (N.D. Cal. July 29, 2021); see also Landers v. Quality Communications Inc., 771 F.3d 638, 646 (9th Cir. 2014), as amended (Jan. 26, 2015). From Martinez’s complaint, it is difficult to make out what Martinez’s role at the Toro Company was, let alone what his schedule was or how the company’s policies resulted in him working overtime without compensation and missing meal and rest periods. Martinez’s derivative claims for waiting time penalties, wage…