De Guzman v. Parc Temple LLC

PROCEEDINGS: (IN CHAMBERS) ORDER DENYING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT

On January 29, 2008, defendants filed a notice of motion and motion for summary judgment or, in the alternative, partial summary judgment, a supporting memorandum of points and authorities, a statement of uncontroverted facts and conclusions of law and several supporting declarations and exhibits, and plaintiff filed an opposing memorandum of points and authorities, a statement of genuine issues, opposing declarations and a response to defendants’ statement of purported uncontroverted material facts. On February 8, 2008, defendants filed a reply. This matter is decided in Chambers without oral argument, pursuant to Local Rule 7-15.

BACKGROUND

I

On January 17, 2007, plaintiff Silvero De Guzman filed a complaint in the Los Ange-les County Superior Court against defendants Parc Temple LLC, Parc Temple LLC dba Seabreeze Homes, Susan David and Does 1-100, claiming violations of California Labor Code §§ 510 and 1194 and the Fair Labor Standards Act (“FLSA”). On February 14, 2007, defendant Parc Temple answered the complaint and raised multiple affirmative defenses, and on February 15, 2007, defendant…