Gerald Kelly v. SMS Systems Maintenance Services, Inc.

I. INTRODUCTION

19 Plaintiff Gerald Kelly moves to certify a putative class in this action seeking 20 relief for Defendant SMS Systems Maintenance Services, Inc.’s alleged violations of 21 the California Labor Code, Industrial Welfare Commission Order No. 4-2001 (“Wage 22 Order”), and the Business and Professions Code (the “Motion”). (Notice of Removal, 23 Ex. 1 (“Compl.”) ¶ 1, ECF. No. 1; Mot. for Class Certification (“Mot.”), ECF No. 33.) 24 Kelly alleges that SMS is liable to him and other similarly situated employees for 25 various wage and hour violations. (Compl. ¶ 2; Mot. 1.) For the following reasons, 26 the Court DENIES Kelly’s Motion. (ECF No. 33.)

28 1 After carefully considering the papers filed in connection with the Motion, the Court deemed the matter appropriate for decision without oral argument. Fed. R. Civ. P. 78; C.D. Cal. L.R. 7-15. II. BACKGROUND SMS provides computer and printer repair services in California and employs 3 hourly field service technicians (“Technicians”) to carry out the work. (Mot. 1.) In 4 April 2012, SMS acquired a company for whom Kelly had worked as a field service 5 technician since July…