Lindsay Lambert v. CalPortland Company

I. BACKGROUND

On August 13, 2020, Plaintiff filed a prospective class action complaint in the Superior Court of the State of California for the County of San Bernardino against Defendant CalPortland Company. (“Complaint,” Dkt. No. 3-4.) The Complaint alleges six causes of action: (1) Failure to pay vested vacation wages in violation of Cal. Labor Code § 227.3; (2) Failure to issue accurate wage statements in violation of Cal. Labor Code §§ 226 and 226.3; (3) Failure to pay all wages due upon separation of employment in violation of Cal. Labor Code §§ 201-203; (4) Unfair business practices in violation of Cal. Bus. and Prof. Code § 1700 et seq.; (5) Violation of the Fair Credit Reporting Act, (“FCRA”) 15 U.S.C. § 1681(B)(2)(A); and (6) Penalties pursuant to the Private Attorney General Act, Cal. Labor Code § 2699 et seq. (Complaint.) On October 5, 2020, Defendant removed the action to federal court. (“Notice of Removal,” Dkt. No. 1.) The basis of Defendant’s removal was federal question jurisdiction over the FCRA claim and supplemental jurisdiction over the other claims. (Id.)

Following removal, Defendant filed a Motion to Dismiss on October 12, 2020. (Motion to Dismiss.)…