Kaqilo, Inc. v.Chou CA2/1

BACKGROUND

The parties in this case agree on few, if any, of the underlying facts. For purposes of this motion we accept as true the facts plaintiffs set forth in their complaint. However, because those facts give a confusing picture of the dispute, we will also reference some allegations from defendants’ cross-complaint, Shen’s petition to the Division of Labor Standards Enforcement, and the moving and opposing papers below. Nothing in this opinion should be construed as a resolution of a disputed issue of fact or as a determination that any facts are undisputed. A. Shen’s Labor Commission Claim On August 30, 2011, Shen filed a claim with the Department of Industrial Relations, Division of Labor Standards Enforcement (DLSE), against Kaqilo, alleging Kaqilo (1) failed to pay her for any hours she worked as a waitress at its dba, a restaurant named P.P.Pop in Monterey Park, from February 16 to July 14, 2011, (2) failed to provide meal or rest breaks, (3) failed to pay split shift premiums, and (4) misappropriated her gratuities. She sought damages in the amount of $15,240 plus penalties and interest. Kaqilo opposed Shen’s complaint, and the Labor Commissioner’s

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