Mendez-Villegas

FACTS AND PROCEEDINGS

DNI operates a greenhouse in Hughson and farms other properties in Stanislaus County. Duarte serves as its CEO, and his brother, Jeff Duarte (Jeff), serves as another executive officer. Collectively, they perform most of the decisionmaking at DNI. Plaintiffs reside in Stanislaus County and were employed as non-exempt employees by DNI until 2014. The Pleadings In April 2015, Plaintiffs filed a class action complaint setting forth seven causes of action2 against DNI for violations of the Labor Code and the unfair competition law (Bus. & Prof. Code, § 17200 et. seq.). An eighth cause of action asserted a PAGA claim for civil penalties against DNI and five individuals: (1) Duarte; (2) Michael Duarte; (3) Jeff; (4) Patricia Lopez; and (5) Engracia Lopez. In August 2015, Plaintiffs filed their first amended complaint (FAC). It sets forth the same causes of action and removes Michael Duarte as a defendant. The FAC alleges DNI “has employed Plaintiffs” and refers to DNI as the “ ‘EMPLOYER DEFENDANT.’ ” The FAC refers to the individual defendants as the

The first six causes of action against DNI were (1) failure to pay minimum wage (Lab. Code, §§ 1197, 1194,…