Fodera, Jr. v. Equinox Holdings, Inc.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 FRANK J. FODERA, JR., et al., Case No. 19-cv-05072-WHO
Plaintiffs,
ORDER DENYING MOTION TO
v. DISMISS THE SIXTH CAUSE OF
ACTION IN THE SECOND AMENDED
EQUINOX HOLDINGS, INC., et al., COMPLAINT Defendants. Re: Dkt. No.
12 Plaintiffs Frank J. Fodera, Jr. and Michael M. Bonella filed this class action lawsuit against their employer Equinox Holdings, Inc. (“Equinox”), alleging violation of various California Labor Code sections and related claims. Equinox moves to dismiss the sixth cause of action for failure to furnish accurate wage statements pursuant to California Labor Code section 226(a) because it is insufficiently pleaded, derivative of the other causes of action, and will lead to double recovery. For the reasons set forth below, the motion is DENIED.1 BACKGROUND Equinox owns and operates luxury health clubs throughout California. Second Amended Class Action Complaint (“SAC”) [Dkt.…