Guerrero
Guerrero v. Halliburton Energy Services, Inc.
Opinion
Lead Opinion
Lawrenceneill, J.
*800 MEMORANDUM DECISION AND ORDER RE DEFENDANT’S MOTION TO DISMISS AND/OR STRIKE
(ECF No. 13)
This is a putative class action lawsuit brought by Plaintiff Luis Guerrero, who was formerly employed by Defendant Halliburton Energy Services, Inc. as a “a nonexempt truck worker, industrial worker, industrial truck driver, industrial vehicle driver, industrial, worker and/or any similar job designation,” on behalf of himself and similarly situated individuals, against Defendant and Does 1-100, inclusive (collectively, “Defendants”). ECF No. 1-1 (“Complaint”). Plaintiff alleges that Defendants violated provisions of the California Labor Code (“CLC”), Business and Professions Code (“CBPC”), and several of the Industrial Welfare Commission’s Wage Orders for at least four years prior to the 2016 filing of this action and continuing to the present. Id.
Defendant first moved to dismiss and/or strike the Complaint on September 9, 2016. ECF No. 4. The Court granted in part and denied in part Defendant’s motion, and granted Plaintiff leave to amend. ECF No. 10.
Plaintiff filed his First Amended Complaint (“FAC”) on November 22, 2016, setting forth the following causes of action: (1) failure…