Ridgeway
Ridgeway v. Wal-Mart Stores, Inc.
Opinion
Lead Opinion
Illston, J.
ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFFS’ MOTION FOR PARTIAL SUMMARY JUDGMENT
Plaintiffs’ motion for partial summary judgment came on for hearing on May 1, 2015. For the reasons stated below, the Court hereby GRANTS in part and DENIES in part plaintiffs motion.
BACKGROUND
Plaintiffs are truck drivers in California previously employed by defendant WalMart for some period of time between 1993 and the present. Fourth Amended Complaint (“FAC”) ¶ 3-6. Plaintiffs allege Wal-Mart violated California law by failing to pay plaintiffs at least the minimum wage for each hour worked.
Plaintiffs initially filed this case in Alameda County Superior Court in October 2008. Docket No. 1. Wal-Mart removed the case to this Court under the Class Action Fairness Act, 28 U.S.C. § 1332 (d)(2) in November 2008. 1 Id. Plaintiffs moved for remand, which the Court denied. Docket No. 33. In February 2009, the case was stayed pending a final decision by the California Supreme Court in Brinker Restaurant Corp. v. Superior Court, Case No. S166350. Docket No. 32. The California Supreme Court’s decision in Brinker Restaurant Corp. v. Superior Court, 53 Cal.4th 1004 , 139 Cal.Rptr.3d 315 , 273…