Sandoval

Sandoval v. Ali

Good Law
34 F. Supp. 3d 1031·2014 WL 1311776·2014 U.S. Dist. LEXIS 42630
United States District Court, Northern District of CaliforniaMarch 28, 2014No. C-13-03230(EDL)California7,611 words

Opinion

Lead Opinion

Laporte, J.

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS’ MOTION TO DISMISS AND GRANTING DEFENDANTS’ MOTION TO STRIKE

Plaintiffs Rafael Sandoval and Luis Ca-lixto allege, on behalf of themselves and a putative class, that Defendants failed to comply with the Fair Labor Standards Act (“FLSA”), 29 U.S.C. § 216 , California labor law, and California unfair competition law. Defendants move to dismiss Plaintiffs’ First Amended Complaint with prejudice, to strike Plaintiffs’ class allegations, and to disqualify" Plaintiffs’ counsel. The Court dismisses with leave to amend Plaintiffs’ FLSA claim against all Defendants except Autowest, Ml Collision Care Centers, Inc., Bobby Ali, and Rick Ali. The Court further dismisses with leave to amend Plaintiffs’ state law claims against all Defendants except Autowest and Ml Collision Care Centers, Inc. The Court strikes Plaintiffs’ class- allegations with *1036 leave to amend and strikes the word “damages” from Plaintiffs’ unfair ' competition claim without leave to amend. The Court declines to disqualify Plaintiffs’ counsel at this stage of the proceedings on the present record.

Plaintiffs are to file any amended pleading no later than April 18,…

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