Workforce Defense League v. Clayco, Inc.

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 9 WORKFORCE DEFENSE LEAGUE, No. 2:22-cv-00502-JAM-DB Plaintiff, v. ORDER GRANTING IN PART AND

DENYING IN PART DEFENDANTS’

CLAYCO, INC.; and UNITED MOTION TO DISMISS AND MOTION TO

CONTRACTOR SERVICES, LLC STRIKE

14 Defendants. 15 Clayco, Inc and United Contractor Services, LLC (“Defendants”) petition the Court to dismiss or, in the alternative, strike portions of Workforce Defense League’s (“Plaintiff”) Second Amended Complaint (“SAC”). See Mot. to Dismiss (“Mot.”), ECF No. 25. Defendants claim that (1) the SAC fails to allege sufficient facts to support Plaintiff’s claim for unpaid wages under California Labor Code § 218.7 and (2) allegations relating to Wage Claimants’ (“Claimants”) use of their own tools, rest breaks, unpaid overtime, and relief under statutes other than § 218.7 should be stricken as immaterial. Id. at 2-4. Plaintiff opposes the motion, noting the Court’s prior orders relating to this case. See Opp’n, ECF…