Crosby

ORDER GRANTING MOTION FOR PARTIAL JUDGMENT ON THE PLEADINGS

Before the Court is Defendant Wells Fargo Bank N.A.’s Motion for Partial Judgment on the Pleadings Pursuant to Federal Rule of Civil Procedure 12(c). Finding the matter suitable for decision on the papers, the Court took it under submission on August 26, 2014.

For the following reasons, the Court GRANTS the Motion without leave to amend.

Plaintiff Karen Crosby alleges that Wells Fargo terminated her employment on February 19, 2013, but violated California Labor Code § 201 by not paying her commissions earned at the time of her discharge. Ms. Crosby has also asserted a representative claim under the California Labor Code Private Attorney General Act, which allows an aggrieved employee to recover a civil penalty for violations of other Labor Code provisions.

Ms. Crosby was employed as a Private Mortgage Banker at Wells Fargo and received a portion of her compensation as a commission on loans and mortgages that she originated. Ms. Crosby alleges that her duties as related to the loans virtually concluded once the loan received preliminary approval; however, her commission was not paid until the loan was actually funded…