Fan

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 ----oo0oo---- 11 12 LI FAN, individually and on No. 1:21-cv-01355 WBS KJN behalf of all others similarly 13 situated, 14 Plaintiff, MEMORANDUM AND ORDER RE:

MOTION TO PARTIALLY DISMISS

15 v. PLAINTIFF’S COMPLAINT 16 HOME DEPOT U.S.A., INC., a Delaware Corporation; and DOES 17 1-50, inclusive, 18 Defendants. 19 20 ----oo0oo---- 21 Plaintiff Li Fan brought this putative class action 22 against defendant Home Depot U.S.A., Inc. alleging various wage 23 and hour violations. (Compl. (Docket No. 1-1).) Defendant moves 24 to dismiss plaintiff’s fourth claim for violations of the 25 California Unfair Competition Law. (Docket No. 28.) 26 I. Factual and Procedural Background 27 Defendant employed plaintiff as a non-exempt retail 28 associate from approximately July 2016 to October 2020 at its 1 Madera, California facility. (Compl. ¶ 6.) Plaintiff’s 2 complaint contains the following four claims: (1)…