Hernandez
Hernandez v. Balakian
Opinion
Opinion
Wanger, J.
ORDER DENYING IN PART AND GRANTING IN PART DEFENDANTS’ MOTION TO DISMISS (Doc. 17) AND DENYING PLAINTIFF’S MOTION FOR SANCTIONS (Doc. 25)
Plaintiff Jose Hernandez has filed a class action Complaint against defendants Leo Balakian, Anthony Balakian, and Vince Balakian, owners of Fruit Patch, Inc. The Complaint alleges that “Leo Bala-kian and his sons, Anthony and Vince Ba-lakian ... have conspired to operate Fruit Patch Inc. and other agricultural growing businesses they own or operate (hereinafter ‘the other entities’) through a pattern of racketeering activity, the Illegal Immigrant Hiring Scheme.” ¶ 4 The Complaint is brought on behalf of all legal hourly-paid workers who have been employed by an entity owned or operated by the Defendants. Plaintiff alleges that Defendants “have depressed his wages as an agricultural worker at Fruit Patch, Inc. by knowingly employing vast numbers of illegal immigrants there for the express purpose of depressing the market price for unskilled labor.” Plaintiff refers to this as “the Illegal Immigrant Hiring Scheme” or “the Scheme”. The Complaint alleges: