Mayen
Mayen v. Cal Central Harvesting, Inc.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 6 JULIO MAYEN, individually on his own CASE NO. 1:21-CV-0145 AWI JLT behalf and on behalf of all others similarly situated,
ORDER ON DEFENDANT’S MOTION
Plaintiff TO DISMISS
v. (Doc. No. 34) CAL CENTRAL HARVESTING, INC., and DOES 1-100 inclusive, 12 Defendants 13 14 This is a putative class action brought by Plaintiff Julio Mayen (“Mayen”) against his former employer Cal Central Harvesting, Inc. (“CCH”). Following an order on a Rule 12(c) motion by CCH, the operative complaint is the First Amended Complaint (“FAC”). Mayen alleges seven violations of the California Labor Code, violation of Cal. Bus. & Prof. Code § 17200 for unfair competition (“the UCL”), and violation of 29 U.S.C. § 1801 et. seq. the Agricultural Worker Protection Act (“AWPA”). Currently before the Court is Defendant’s Rule 12(b)(6) motion to dismiss. For the reasons that follow, Defendant’s motion will be granted in part and denied in part. 23 RULE 12(b)(6) FRAMEWORK Under Federal…