Gonzalez

Gonzalez v. NCI Group, Inc.

Good Law
United States District Court, Eastern District of CaliforniaAugust 8, 20221:18-cv-00948California5,056 words

Opinion

Trial Court Opinion

BACKGROUND

21 A. First Amended Complaint 22 As set forth in the First Amended Complaint (“1AC”), Defendant NCI Group, Inc. (“NCI”) 23 manufactures and markets metal building systems and components for the nonresidential 24 construction industry. Doc. No. 17 ¶ 38. Gonzalez was employed by NCI at times relevant to this 25 action as a non-exempt, hourly shipping checker in California. Id. ¶ 26. 26 Gonzalez filed this putative class action in Merced County Superior Court on June 6, 2018, 27 on behalf of himself and others similarly situated, including warehouse workers, industrial workers, shipping clerks and other categories of non-exempt, hourly workers in NCI’s employ in California during the four-year period prior to commencement of this action. Doc. No. 1 ¶¶ 2, 4. NCI answered the Complaint on July 11, 2018, id., Ex. B, and removed the case to this Court on diversity grounds under the Class Action Fairness Act (“CAFA”) on July 12, 2018. Id. The 1AC was filed on February 3, 2020. Doc. No. 17. The 1AC alleges eight causes of action under the California Labor Code, California’s Unfair Competition Law and the Industrial Welfare Commission’s (“IWC”)…

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