Liva Siaosi v. TA Operating LLC

I. BACKGROUND

On February 22, 2023, Plaintiffs, individually and on behalf of similarly situated individuals, filed a putative class action complaint in the San Bernardino County Superior Court against defendants TA Operating LLC (“TA” or “Defendant”), and Does 1 through 100 (collectively, “Defendants”). (“Complaint,” Dkt. No. 1-1, Ex. A.) On June 26, 2023, Defendant removed the action pursuant to the Class Action Fairness Act (“CAFA”). (“Notice of Removal” or “NOR,” Dkt. No. 1.) In support of its NOR, Defendant filed the declaration of Karen Kaminski (“Kaminski”). (“Kaminski Declaration,” Dkt. No. 1-2.)

The Complaint alleges ten causes of action: (1) failure to pay overtime wages; (2) failure to pay minimum wages; (3) failure to provide meal periods; (4) failure to provide rest periods; (5) failure to pay all wages due upon termination; (6) wage statement violations; (7) failure to timely pay wages during employment; (8) violations of Labor Code § 2802; (9) violations of Labor Code section 227.3; and (10) unfair competition. (See Complaint.)

Plaintiffs filed the Motion on July 26, 2023. (Motion.) In support, Plaintiffs filed: (1) the declaration of Bryan Miller,…