Garnett

Garnett v. ADT LLC

Good Law
139 F. Supp. 3d 1121·2015 WL 5896065·2015 U.S. Dist. LEXIS 137194
United States District Court, Eastern District of CaliforniaOctober 6, 2015CIV. NO. 2:14-02851 WBS DADCalifornia6,235 words

Opinion

Lead Opinion

Shubb, J.

■ MEMORANDUM AND ORDER RE: CROSS-MOTIONS FOR SUMMARY JUDGMENT

Plaintiff Shirley Garnett brought this putative class action against defendant ADT LLC, asserting claims arising out -of the' alleged failure to reimburse her and others for work-related expenses and failure to provide accurate wage statements required by California law. Defendant removed the action from San-Joaquin County Superior Court under the Class Action Fairness Act of 2005.- 28 U.S.C. §§ 1332 (d), 1446. ■ Pursuant to . Federal Rule of Civil Procedure 56, plaintiff and defendant both move for summary judgment on plaintiffs wage statement claim.

I. Factual and Procedural History

Plaintiff worked for defendant for two years, from July 10, 2012 through July 24, 2014,- as a commission sales representative. (Garnett Decl. ¶2 (Docket No. 18-3).) *1124 Plaintiff earned commissions based on the alarm systems and services she sold to homeowners. (Id.) Plaintiff received a training wage for her first sixteen weeks of employment and, after that, was paid solely on commission. (Id.) Each week, plaintiff received a commission statement from defendant describing her sales for that week. (Id. ¶ 4; see also id. Ex. C, example…

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