Hammitt

Hammitt v. Lumber Liquidators, Inc.

Good Law

19 F. Supp. 3d 989·2014 WL 1912647·2014 U.S. Dist. LEXIS 65856

United States District Court, Southern District of CaliforniaMay 13, 2014Case No. 12cv1730-GPC(JMA)California6,801 words

Opinion

Lead Opinion

Curiel, J.

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT’S MOTION FOR SUMMARY JUDGMENT

Plaintiff Michael Hammitt (“Plaintiff”) brings this action for damages against Defendant Lumber Liquidators, Inc. (“Defendant” or “Lumber Liquidators”) for denial of overtime wages and meal breaks under California wage and hour laws, failure to reimburse necessary business expenses, *992 and unfair business practices. (Dkt. No. 1.) Presently before the Court is Defendant’s motion for summary judgment on all causes of action alleged in Plaintiffs Complaint. (Dkt. No. 58.) The parties have fully briefed the motion, (Dkt. Nos. 72, 87), and have filed requests for judicial notice in support of their respective briefs. (Dkt. Nos. 61, 92.) The Court finds the matter suitable for resolution without oral argument pursuant to Local Civil Rule 7.1(d)(1). Based on a review of the briefs, supporting evidence, judicially noticeable facts, and the applicable law, the Court GRANTS in part and DENIES in part Defendant Lumber Liquidators’ Motion for Summary Judgment. (Dkt. No. 58.)

PROCEDURAL BACKGROUND

In September 2009, a putative class action complaint was filed against Lumber Liquidators in the United States…

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