Cleveland v. Groceryworks.com, LLC

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT’S MOTION FOR PARTIAL SUMMARY JUDGMENT

I. INTRODUCTION

This case is before the Court on a motion for partial summary judgment by Defendant Groceryworks.com, LLC d/b/a Safeway.com and Vons.com (“Grocery-works”) as to claims by Plaintiff Darren Cleveland that Groceryworks violated the California Labor Code and the California Unfair Competition Law (the “UCL”), and *930 his request for punitive damages under both statutes. Originally brought in state court as a putative class action on December 17, 2013, the case was the removed to federal court on January 15, 2014. For the reasons discussed below, Groceryworks’s Motion is DENIED as to Claims 2 (a claim for failure to provide meal breaks) and 6 (a claim under the UCL) and GRANTED as to all others at issue. Cleveland may also proceed on Claims 7 and 8, which are not at issue in the present Motion.

II. BACKGROUND

A. Factual Background

Groceryworks is an online shopping and delivery service. Customers place their grocery orders online, Safeway and Vons grocery store employees collect and package the groceries, and Groceryworks’s drivers deliver the groceries to customers. Henry…