Wu
Wu v. Weng CA2/3
Opinion
Opinion
BACKGROUND
“On appeal from a grant of summary judgment, we review and recite the evidence in the light most favorable to the nonmoving party”: here, Wu. (Clayworth v. Pfizer, Inc. (2010) 49 Cal.4th 758, 764.) Weng became a member and five percent owner of COF around 2018 when COF purchased a restaurant. The other members of COF were not involved in the restaurant; Weng ran it. In the summer of 2019, Weng hired Wu—a friend of her brother Jackson Weng—to work as a manager at the restaurant. In January 2022, Wu sued COF, Weng, and Doe defendants after his employment allegedly was terminated in June 2021. He filed the operative FAC in March 2022. Under “Parties” the FAC alleged: “Defendant Eugena Weng . . . and Does 1-10 each . . . worked as a managing agent and/or owner of Defendant [COF] and/or Employer Defendants[2] . . . . In that capacity, Defendant Weng and Does 1-10 (collectively referred to as ‘Individual Defendants’) each enforced and contributed to defendants’ policies and practices that resulted in Plaintiff . . . not being paid wages for all hours worked (including overtime wages), not being provided with rest-break compensation for missed or late breaks, and not being…