Harry Boon v. Canon Business Solutions

MEMORANDUM

Appellant Harry Boon brought suit against his former employer, Canon Business Solutions alleging that it failed to pay for his “off-the-clock” work. Boon’s claim was dismissed by the district court after a Fed. R. Civ. Proc. 12(b)(6) motion for failure to state a claim for relief. We review the district court’s decision de novo, construing the facts in the light most favorable to the appellant. Starr v. Baca, 652 F.3d 1202, 1205 (9th Cir.2011); AE ex rel. Hernandez v. Cnty. of Tulare, 666 F.3d 631, 636 (9th Cir.2012).

Boon filed his initial complaint in Los Angeles County Superior Court. It was removed to federal court by Canon, which promptly moved to dismiss. The district court granted Canon’s motion. Boon subsequently filed a First Amended Complaint, which the district dismissed with leave to amend. In doing so, the district court held that Boon failed to “allege[ ] the amount of wages accrued and unpaid,” approximate “the hours worked for which these wages were not received,” and “estimate as to how much uncompensated time was spent, how often, and at what rate.” Boon nonetheless filed a Second Amended Complaint substantially similar to the first. The court again…