Kabasele
Kabasele v. Ulta Salon, Cosmetics & Fragrance, Inc.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA ----oo0oo---- 11 DORCAS-COTHY KABASELE, an No. 2:21-cv-01639-WBS-CKD individual, 13 Plaintiff, MEMORANDUM AND ORDER RE: v. MOTION TO DISMISS SECOND AMENDED COMPLAINT
ULTA SALON, COSMETICS &
FRAGRANCE, INC.; and DOES 1-100, inclusive, 17 Defendants.
19 ----oo0oo---- 20 Plaintiff Dorcas-Cothy Kabasele brought this putative 21 class action against defendant Ulta Salon, Cosmetics & Fragrance, 22 Inc., alleging various violations of the California Labor and 23 Business and Professions Code (see 2d Am. Compl. (“SAC”) (Docket 24 No. 13).) Plaintiff was a non-exempt, hourly employee at one of 25 defendant’s stores in San Ramon, California from June 2019 to 26 March 2021. (SAC ¶¶ 8-9.) The SAC contains five “causes of 27 action” based upon: (1) failure to provide meal breaks, Cal. Lab. 28 Code §§ 226.7, 512; (2) failure to provide rest breaks, id. §§ 226.7, 512; (3) failure to pay all wages due upon cessation…