Thomas
Thomas v. Home Depot USA Inc.
Opinion
Opinion
Jenkins, J.
ORDER GRANTING DEFENDANT’S MOTION TO DISMISS
INTRODUCTION
Before the Court is Defendant Home Depot U.S.A.’s (“Defendant’s”) Motion to Dismiss. (Docket No. 34.) Defendant seeks to dismiss Plaintiffs claims for relief brought pursuant to the Private Attorney General Act of 2004, Cal. Lab.Code § 2698 et seq. (“PAGA”). Defendant further seeks to dismiss Plaintiffs claim for conversion. Plaintiff opposes the Motion. For the following reasons, the Court GRANTS the Motion.
FACTUAL BACKGROUND
The material allegations set forth in Plaintiffs complaint are as follows. Plaintiff began working for Home Depot as an hourly employee in October 1998. (First Amended Complaint, “FAC,” ¶ 33.) Plaintiff worked for Home Depot in Vallejo until 2004 and then was transferred to the Home Depot in Sacramento. (Id.) Plaintiff was terminated by Home Depot in 2005 and his last day of employment was February 28, 2005. While employed at Home Depot Plaintiff regularly missed rest and meal breaks. (Id. ¶ 34.) In addition, Plaintiff did not timely receive wages owed to him when he transferred locations. Finally, when Plaintiff was terminated he did not receive his last paycheck until one week after his last…