Asia Thompson v. La Petite Academy, Inc.

I. BACKGROUND

25 Plaintiff initiated this action by filing a Complaint in California Superior Court 26 for the County of Los Angeles on May 11, 2022 against Defendants. (See Not. of 27 Removal Exh. A (“Compl.”).) The Complaint alleges that Plaintiff and the putative 28 1. Case 2:22-cv-04348-AB-JPR Document Filed 10/06/ Page 2 of Page ID #:205

class members were not paid all wages, provided meal and rest periods, issued accurate wage statements, or paid all wages due upon termination. Compl. ¶¶ 11-18. Plaintiff alleges that these violations “aris[e] out of and [were] caused by Defendants’ common course of conduct in violation of laws and regulations,” and that “Defendants’ policies and/or practices that have resulted in the violation of the Labor Code.” Id. ¶¶ 27, 29. Plaintiff also consistently alleges that the violations occurred only “at times.” See, e.g., id. ¶ 29. Defendants removed the action to this Court on June 24, 2022 on the basis of the Class Action Fairness Act (“CAFA”), 28 U.S.C. § 1332(d). See Notice of Removal (“NOR,” Dkt. No. 1). On July 25, 2022, Plaintiff filed the present Motion along with Objections to…