Barajas

Barajas v. Carriage Cemetery Services of California, Inc.

Good Law
United States District Court, Northern District of CaliforniaDecember 9, 20193:19-cv-02035California10,341 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 YOSHIRA BARAJAS, et al., Case No. 19-cv-02035-EMC

Plaintiffs,

ORDER GRANTING IN PART AND

v. DENYING IN PART DEFENDANTS’

MOTION TO DISMISS

CARRIAGE SERVICES, INC., Docket No. 49 Defendant.

12 13 Plaintiffs are three individuals: Yoshira Barajas, Grant, and Nachae Williams. They have filed a wage-and-hour class action against Carriage Services, Inc. (“CSI”). According to Plaintiffs, CSI is in the business of “providing funeral and burial related services.” SAC ¶ 11. Previously, the Court largely granted CSI’s motion to dismiss the first amended complaint (“FAC”), leaving as the only surviving claim a cause of action for failure to pay overtime, as asserted by Ms. Barajas only. The Court gave Plaintiffs leave to amend, which they have done. Now pending before the Court is CSI’s motion to dismiss the second amended complaint (“SAC”). Having considered the parties’ briefs and accompanying submissions, as well as the oral …

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