Lopez Cabrera v. South Valley Almond Company, LLC

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

5 Case No. 1:21-CV-00748-AWI-JLT ALVARO LOPEZ CABRERA, on behalf of himself and all others similarly situated,

ORDER GRANTING IN PART AND

DENYING IN PART MOTION TO Plaintiff,

DISMISS

v.

SOUTH VALLEY ALMOND COMPANY, (Doc. No. 7) LLC, a California limited liability company; AGRESERVES, INC., a Utah corporation; and DOES 1 through 100, inclusive, 11 Defendants.

13 14 Defendant AgReserves, Inc. (“AgReserves”) moves to dismiss the Complaint in this putative wage and hour class action in its entirety under Rule 12(b)(6) of the Federal Rules of Civil Procedure. Doc. No. 7. For the reasons set forth below, the motion will be granted in part and denied in part. BACKGROUND Plaintiff Alvaro Lopez Cabrera filed this putative class action against South Valley Almond Company, LLC (“South Valley”) and AgReserves (together with South Valley, “Defendants”) in Kern County Superior Court on April 1, 2021. Doc. No. 1-1 at 2, 3:5-11 & 3:14.1 As alleged in the Complaint, South Valley…