Varsam
Varsam v. Laboratory Corp. of America
Opinion
Lead Opinion
Moskowitz, J.
ORDER GRANTING IN PART AND DENYING IN PART MOTION TO DISMISS AND DENYING MOTION TO STRIKE
On November 24, 2014, Defendant filed a motion to dismiss the 'Complaint in its entirety under Fed.R.Civ.P. 12(b)(6) and a motion to strike under Fed.R.Civ.P. 12(f). For the reasons discussed below, Defendant's motion to dismiss is GRANTED IN PART and DENIED IN PART.,-Defendant’s motion to strike is DENIED.
I. BACKGROUND
On June 3, 2014, Plaintiff commenced this action ip the Superior Court of California,'County of San Diego. Plaintiff is suing on behalf, of herself-and a purported class consisting of “all persons who worked as non-exempt .Patient Service Technicians for Defendants in California, within four years prior to the filing of this complaint until date of certification.” (Compl. ¶ 16.)
Plaintiff alleges that she and all nonexempt ■ Patient Service Technicians (“PSTs”)- “worked in excess of eight (8) hours in a day, in excess of twelve (12) hours in a day, and/or in excess of forty (40) hours in a week.” (Compl. ¶40.) Plaintiff further alleges that she and all non-exempt PSTs “regularly worked off-the-clock that shpuld have been compensated at an overtime rate,” and that…