Zackaria
Zackaria v. Wal-Mart Stores, Inc.
Opinion
Lead Opinion
Olguin, J.
ORDER Re: PAGA CLAIM
Having reviewed and considered the parties’ motions.in limine, and concluding that oral argument is not necessary to resolve the motions, see Fed. R. Civ. P. 78; Local Rule 7-15; Willis v. Pac. Mar. Ass’n, 244 F.3d 675 , 684 n. 2 (9th Cir.2001), the court rules as follows.
INTRODUCTION
Plaintiff Aladdin Zackaria (“Zackaria” or “plaintiff’) filed this wage and hour class action against, Wal-Mart Stores, Inc. (‘Wal-Mart” or “defendant”) on August 3, 2011, in the San Bernardino County Superior Court. (See Notice of Removal, Exhibit (“Exh.”) A (“Complaint”)). Defendant removed the case to this court on September 6, 2012, pursuant to the Class Action Fairness Act’,' ' 28 U.S.C. § 1332 (d)(2). Plaintiff brought the action individually and on behalf of individuals currently and formerly employed by defendant as an Asset Protection Coordinator (“ÁPC”). 1 (See Complaint at ¶¶ 12-13). Plaintiff alleged that defendant knowingly misclassified him and “other class members ... as ‘exempt’ employees [under state law] and paid them on a salary basis, without any compensation for overtime hours worked, missed meal periods or rest breaks.” (Id. at ¶ 19). On these grounds,…