Edgar Mariscal v. Arizona Tile, LLC
Opinion
Trial Court Opinion
I. BACKGROUND
Plaintiff Edgar Mariscal (“Mariscal”) was employed by Defendant Arizona Tile, LLC (“Arizona Tile”) as an hourly-paid, non-exempt employee from approximately February 2013 until approximately July 2018 in Orange County, California. (Compl., Ex. A to Notice of Removal (“NOR”), Doc. 1-1 ¶ 18.) Mariscal alleges that Arizona Tile “engaged in a pattern and practice of wage abuse against [its] hourly-paid or non-exempt employees in the State of California [by] inter alia, failing to pay them for all regular and/or overtime wages earned and for missed meal periods and rest breaks in violation of California law.” (Id. ¶ 26.) On September 15, 2020, Mariscal filed a class action complaint in Orange County Superior Court, asserting ten claims for: (1) Violation of Cal. Lab. Code §§510, 1198 (Unpaid Overtime); (2) Violation of Cal. Lab. Code §§ 226.7, 512(a) (Unpaid Meal Period Premiums); (3) Violation of Cal. Lab. Code § ____________________________________________________________________________