Xochitl Lopez v. ADESA California, LLC
Opinion
Trial Court Opinion
I. Background
On May 9, 2019, Plaintiff filed this wage and hour putative class action in Riverside County Superior Court. See Complaint, Dkt. # 1-1 (“Compl.”). In the complaint, Plaintiff asserts causes of action against Defendant for (1) failure to pay wages, id. ¶¶ 42–48; (2) failure to pay overtime wages, id. ¶¶ 49–53; (3) vacation pay forfeiture, id. ¶¶ 54–60; (4) failure to reimburse business expenses, id. ¶¶ 61–64; (5) failure to provide meal periods, id. ¶¶ 65–73; (6) failure to provide rest periods, id. ¶¶ 74–80; (7) failure to pay wages of terminated or resigned employees, id. ¶¶ 81–86; (8) failure to provide accurate itemized wage statements, id. ¶¶ 87–94; and (9) unfair competition, id. ¶¶ 95–103. On behalf of her proposed classes, Plaintiff seeks compensatory damages, economic damages, special damages, premium pay, wages, penalties, and attorneys’ fees.1 1 Plaintiff seeks to represent “all non-exempt employees employed by or formerly employed by” Defendant, and the class period is defined as the four years prior to the filing of the complaint through the date final judgment is entered. See Compl. ¶¶ 1, 3. Plaintiff has proposed seven classes: a class of…