Prachasaisoradej

DOI TODD, J.

Plaintiff and appellant Eddy Prachasaisoradej appeals from a judgment of dismissal and award of attorney fees following the trial court's sustaining a demurrer without leave to amend in favor of defendant and respondent Ralphs Grocery Company. Appellant alleged, both individually and as an asserted class representative, that Ralphs's bonus calculations violated Business and Professions Code section 17200 and certain Labor Code provisions. The trial court concluded that appellant's claims were preempted by section 301 of the Labor Management Relations Act ( 29 U.S.C. § 185 (a)).

We reverse. We hold that appellant's claims are not preempted because they involve independent rights that neither derive from nor require interpretation of a collective bargaining agreement. Moreover, none of the other grounds raised in Ralphs's demurrer provides a basis for affirmance. Accordingly, we reverse both the judgment of dismissal and the award of attorney fees to Ralphs.

On appeal from a judgment of dismissal following a demurrer sustained without leave to amend, we assume the truth of all well-pleaded facts, as well as those that are judicially noticeable. ( Howard Jarvis…