Eric McDowell v. Penske Truck Leasing Co., L.P.
Opinion
trial_court Opinion
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8 United States District Court 9 Central District of California
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11 ERIC MCDOWELL et al., Case № 5:23-cv-02406-ODW (ASx)
12 Plaintiffs, ORDER GRANTING IN PART AND
13 v. DENYING IN PART DEFENDANT’S 14 MOTION TO DISMISS [6] PENSKE TRUCK LEASING CO., L.P. et 15 al.,
16 Defendants.
17 18 I. INTRODUCTION 19 Plaintiffs Eric McDowell, Noel Perez, and Aaron Stubbs bring this putative 20 class action for alleged California labor violations against Defendant Penske Truck 21 Leasing Co., L.P. (“Penske”). (Notice of Removal (“NOR”) Ex. A (“Compl.”), ECF 22 Nos. 1, 1-1.) Penske now moves under Federal Rule of Civil Procedure 23 (“Rule”) 12(b)(6) to dismiss counts one, five, six, and seven of Plaintiffs’ Complaint. 24 (Mot. Dismiss (“Motion” or “Mot.”), ECF No. 6.) Penske also moves to partially 25 dismiss Plaintiffs’ eighth cause of action to the extent that it is based on the violations 26 27 28 1 asserted in counts five, six, and seven. (Id.) For the following reasons, the…