Jose Bermejo v. Laboratory Corporation of America
Opinion
Trial Court Opinion
I.
FACTUAL AND PROCEDURAL BACKGROUND
On May 14, 2020, Plaintiff Jose Bermejo filed a Class Action Complaint in Los Angeles County Superior Court against Defendant Laboratory Corporation of America (“LabCorp”), alleging the following state-law causes of action: (1) failure to pay all wages; (2) failure to keep accurate payroll records; (3) failure to pay wages upon ending employment; and (4) unfair competition under California Business and Professions Code § 17200 et seq. [Doc. # 1-2].
On June 3, 2020, Plaintiff filed his First Amended Complaint (“FAC”) in state court, adding the following causes of action: (5) failure to provide meal periods; (6) failure to provide rest periods; and (7) failure to indemnify for expenditures. See Joint Notice of Lodging, Ex. A [Doc. # 9-1.] On June 15, 2020, Defendant removed the action to this Court on the basis of the original Complaint, asserting jurisdiction under the Class Action Fairness Act of 2005 (“CAFA”). Notice of Removal at 1–2 [Doc. #1]. On July 10, 2020, the parties jointly requested that the FAC be the operative complaint in this action. [Doc. # 9.] After securing the Court’s approval, Plaintiff filed the FAC…