Achal

Achal v. Gate Gourmet, Inc.

Good Law
114 F. Supp. 3d 781·2015 WL 4274990·2015 U.S. Dist. LEXIS 92148
United States District Court, Northern District of CaliforniaJuly 14, 2015Case No. 15-cv-01570-JCSCalifornia17,987 words

Opinion

Lead Opinion

Spero, J.

ORDER GRANTING IN PART AND DENYING IN PART MOTION TO DISMISS

Re: Dkt. No.

I. INTRODUCTION

Plaintiff Andrew Achal, a former employee of Gate Gourmet, filed his First Amended -Complaint in federal court *790 against Defendants Gate Gourmet, Inc. (“Gate Gourmet”) and Does I — 100, inclusive. -Achal alleges various violations of the California, Fair Employment and Housing Act (“FEHA”). and California Labor Code violations actionable under the California Private Attorneys General Act (“PAGA”). Gate Gourmet now moves to dismiss Achal’s First Amended Complaint in its entirety, including Achal’s requests for punitive damages, and injunctive and declaratory relief. The Court held a hearing on July 10, 2015. For the reasons stated below, the Court finds that Achal may proceed on all of his claims, but dismisses Achal’s requests for punitive damages and.injunctive and declaratory relief with leave, to amend. The Court.-also dismisses Claim Seven to .the extent that it relies on an alleged violation of California Labor Code section 226(a)(6).

II: BACKGROUND

A. Complaint

Achal’s First Amended Complaint (“FAC” or “Complaint”) alleges that several months after beginning woitk with…

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