Johnson v. Serenity Transportation, Inc.

ORDER GRANTING IN PART MOTION TO DISMISS THIRD AMENDED COMPLAINT

In this' putative class action, Plaintiffs Curtis Johnson (“Johnson”) and Anthony Aranda (“Aranda, and together “Plaintiffs”) filed suit against' their employer, Defendants Serenity Transportation, Inc. (“Serenity Transportation”), its owner David Friedel (“Friedel”), as well as Service , Corporation International (“SCI”), SCI California Funeral Services, Inc. (“SCI .California”), the Neptune Society of Central California, Inc, (“Neptune Soci *980 ety”), Lifemark Group, Inc. (“Lifemark”), and the County of Santa Clara (the “County” and collectively, “Defendants”). (Dkt. No. 50.) The gravamen of Plaintiffs’ Third Amended Complaint' (“TAC”) is that Plaintiffs, mortuary drivers, have been misclassified as independent contractors and denied the benefits of California and federal wage-and-hour laws. Now pending before the Court is Defendants’ motion to 'dismiss. Defendants seek dismissal of all claims against Friedel for failure to plead alter ego liability, all’ claims against SCI, SCI California, Neptune, Lifemark, and the County (together, the “Customer Defendants”) for failure to plead that they are joint employers,…