Manuel A. Gastelo v. The Portables Choice Group LLC

I. INTRODUCTION AND BACKGROUND

On August 2, 2023, plaintiff Manuel A. Gastelo filed this action against defendants The Portables Choice Group (“Portables Choice’), Amy Palacios, Justin Henderson, Larry Melchionda, Sonny Masad,! Irene Coughlin, Manju Amar, and Does through 50, in Los Angeles County Superior Court. Dkt. 1-2, Exh. B. Plaintiff alleges the following claims, as against all defendants and Does 1 through 50: (1) misclassification of non- exempt employee as exempt; (2) failure to pay minimum wages in violation of California Labor Code §§ 558, 558.1, 1194, 1194.2, 1197, and 1197.1; (3) failure to pay overtime wages in violation of Labor Code §§ 510, 558, 558.1, 1194, 1194.2, and 1197.1; (4) failure to provide meal breaks in violation of Labor Code §§ 226.7 and 512; (5) failure to provide rest breaks in violation of Labor Code § 226.7; (6) failure to provide accurate wage statements in violation of Labor Code § 226; (7) waiting time penalties pursuant to Labor Code §§ 201 and 203; and (8) unlawful, unfair, and fraudulent business practices in violation of Gov. Code § 17200. Id. On August 29, 2023, after plaintiff had been unable to effectuate service on her,…