Byrd
Byrd v. Masonite Corp.
Opinion
Lead Opinion
Bernal, J.
Proceedings: Order (1) GRANTING IN PART and DENYING IN PART Defendant’s Motion to Strike and Motion to Dismiss the Sixth, Seventh, and Eighth Causes of Action from First Amended Complaint (Dkt. No. 30); and (2) VACATING the July 11, 2016 Hearing (IN CHAMBERS)
Before the Court is Defendant’s Motion to Dismiss the Sixth, Seventh, and Eighth Causes of Action from First Amended Complaint (“FAC”) and Motion to Strike Certain Allegations from the FAC, (Dkt. No. 30). The Court finds this matter appropriate for resolution without a hearing. See Fed. R. Civ. P. 78; L.R. 7-15. After consideration of the papers filed in support of and in opposition to the motions, the Court GRANTS IN PART and DENIES IN PART Defendant’s Motion to Dismiss and Motion to Strike. The July 11, 2016 hearing is VACATED.
I. BACKGROUND
On November 17, 2015, Plaintiff Derrick Byrd (“Plaintiff’) filed a putative class action in California Superior Court for the County of Riverside against his employer, Defendant Masonite Corporation (“Defendant” or “Masonite”), and fictitious Defendants 1 through 100. (See “Complaint,” Dkt. No. 1-1.) The Complaint alleges eleven causes of action: (1) unpaid overtime, Cal. Lab. Code…