Lusk
Lusk v. Five Guys Enterprises LLC
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…