Mabanta

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3 UNITED STATES DISTRICT COURT

4 NORTHERN DISTRICT OF CALIFORNIA

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6 MARIO MABANTA, Case No.: 20-CV-2813 YGR 7 Plaintiff, ORDER DENYING MOTION TO DISMISS 8 v. DKT. NO. 11 9

PRIME NOW, LLC, AMAZON.COM INC.,

10 Defendants. 11 12 Plaintiff Mario Mabanta brings the instant action alleging that defendants Prime Now LLC 13 and Amazon.com, Inc. violated various California Labor Code provisions in their treatment of him 14 and other employees who fulfilled delivery orders for them. On February 27, 2020, Plaintiff filed a 15 putative class action complaint against defendants in the Superior Court for the State of California, 16 County of San Francisco. He brings individual and class claims for: (1) unpaid wages in violation 17 of Labor Code sections 201, 202, 204, and Wage Order 9; (2) failure to reimburse business 18 expenses in violation of Labor Code section 2802; (3) failure to pay minimum wage in violation of 19 Labor Code sections 1194, 1194.2, 1197, 218.6, and Wage Order 9; (4) failure to provide rest 20 periods in violation of Labor Code section 226.7 and Wage…