Yoder

Order DENYING Defendant’s Motion for Summary Judgment (Doc. No. 35) (HEARING HELD)

Before the Court is Defendant Western Express, Inc.’s motion for summary judgment. (Doc. No. 35.) After considering the papers filed in support of and in opposition to the motion, as well as the arguments presented at the October 26, 2015 hearing, the- Court DENIES Defendant’s motion.

I. BACKGROUND

On September 30, 2014, Plaintiff John Yoder (“Plaintiff’ or “Yoder”) filed this putative class action complaint in San Ber-nardino County Superior Court on behalf of himself and others similarly situated against Defendants Western Express, Inc. (“Defendant” or “Western”), Western Express Transport of California, Inc. 1 , and fictitious Defendants 1 through 10. (“Complaint,” Doc. No. 3, Ex. 1.) On November 5, 2014, Defendant removed the action to this Court. (“Notice of Removal,” Doc. No. 1.)

The Complaint alleges 19 causes of action for California wage and hour violations stemming from Yoder’s employment as a commercial motor vehicle driver for Western: (1) failure to pay minimum wages for all hours worked; (2) failure to provide meal periods; (3) failure to provide rest periods; (4) failure to timely…