Lusk

Lusk v. Five Guys Enterprises LLC

Good Law
United States District Court, Eastern District of CaliforniaOctober 3, 20221:17-cv-00762California10,219 words

Opinion

Trial Court Opinion

BACKGROUND

23 A. Claims and Allegations in Operative Pleading 24 From approximately August 2016 to November 2016, Lusk worked in California as a 25 manager-in-training for Defendants. Lusk filed his lawsuit in state court on May 2, 2017, and 26 Defendants removed the action. Thereafter, Lusk filed a first-amended complaint, wherein he 27 pleaded the following twelve class claims: (1) failure to make a proper disclosure, in violation of 28 the federal Fair Credit Reporting Act, 15 U.S.C. § 1681b(b)(2)(A); (2) failure to provide a proper summary of rights, in violation of the Fair Credit Reporting Act, 15 U.S.C. §§ 1681d(a)(1) and 1681g(c); (3) failure to make a proper disclosure, in violation of California’s Investigative Consumer Reporting Agencies Act, Cal. Civ. Code § 1786.16(a)(2)(B); (4) failure to make a proper disclosure, in violation of California’s Consumer Credit Reporting Agencies Act, Cal. Civ. Code § 1785.20.5(a); (5) failure to provide meal periods or compensation in lieu thereof, in violation of Cal. Labor Code §§ 226.7, 512, and 1198, and California Industrial Welfare Commission Wage Order 5-2001 (“Wage Order 5”); (6) failure to provide…

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