Porch
Porch v. MASTERFOODS, USA, INC.
Opinion
Opinion
Wilson, J.
ORDER GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT [75] [JS-6]
I. INTRODUCTION
Plaintiff DeJohnn Porch (“Plaintiff’ or “Porch”), individually and on behalf of those similarly situated, brings this action against Defendant Masterfoods U.S.A., Inc. (“Defendant” or “Masterfoods”) and Does 1-100, alleging numerous violations of the California Labor Code, California Code of Regulations and Industrial Welfare Commission Order (No. 4-2001). Defendant Masterfoods now brings before the Court its Motion for Summary Judgment. For the reasons set forth below, the Court GRANTS Defendant’s Motion.
II. BACKGROUND
A. Procedural History
Plaintiff filed his original complaint in the Superior Court of Los Angeles County on October 28, 2005. The complaint was amended and stayed pending disposition in the California Supreme Court of Murphy v. Kenneth Cole, 40 Cal.4th 1094 , 56 Cal.Rptr.3d 880 , 155 P.3d 284 (2007), except with regard to discovery matters. In September 2006, Plaintiff again amended the complaint to include a class of individuals defined as “all California nonexempt employees” working for Masterfoods between the time of October 2001 to October 2005. The case was then removed to…