Matoff

Proceedings: Defendant’s Motion to Dismiss Plaintiffs Second and Fourth Claims Pursuant to Federal Rule of Civil Procedure 12(b)(6)

This matter is before the Court on the above-entitled motion. This motion is appropriate for resolution without oral argument. See Fed.R.Civ.P. 78; Local Rule 7-15 (formerly Local Rule 7.11). After carefully considering all pertinent papers, we rule as follows:

The parties are familiar with the facts in the current action. Thus, we will not repeat any facts except as necessary.

I. Introduction and Legal Standard

Pursuant to Federal Rule of Civil Procedure 12(b)(6), Defendant Brinker Restaurant Corporation moves to dismiss Plaintiff Elizabeth Matoffs second and fourth claims for failure to state a claim upon which relief can be granted. Plaintiffs second claim alleges “unlawful tip pooling distribution in violation of California Labor Code § 351.” Her fourth claim alleges unfair competition pursuant to California Business & Professions Code § 17200.

In a motion to dismiss for failure to state a claim upon which relief can be granted, pursuant to Rule 12(b)(6), we must accept all allegations of fact in the complaint as true and construe them in the…