Ochoa

ORDER RE SUMMARY JUDGMENT

This ease is a putative class action for labor violations under California state law. Named plaintiffs Stephanie Ochoa, Ernes-tina Sandoval, Yadira Rodriguez, and Jasmine Hedgepeth have sued defendants The Edward J. Smith and Valerie S. Smith Family Limited Partnership and three McDonald’s entities — McDonald’s USA, McDonald’s Corporation, and McDonald’s California. Edward Smith and Valerie Smith, joined recently by their son Michael Smith, are franchisees of McDonald’s USA, and run five restaurants in Oakland and Richmond, California. 1 All three of the McDonald’s defendants 2 have moved for summary judgment that they are not joint employers of the plaintiffs and the putative class of current and former employees at the Smith restaurants, and that they are not liable on plaintiffs’ negligence claim. Plaintiffs agree that McDonald’s California should not be in the case, but oppose the McDonald’s motion in all other respects.

The Court grants and denies the motion in part. Even when viewed in the light most favorable to plaintiffs, the record before the Court compels the finding that the McDonald’s defendants do not directly employ the plaintiffs or the…