Comin
Comin v. International Business Machines Corporation (IBM)
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 MARK COMIN, Case No. 19-cv-07261-JD
Plaintiff,
ORDER RE MOTION TO DISMISS
v. 9 Re: Dkt. No. 24 INTERNATIONAL BUSINESS
MACHINES CORPORATION (IBM),
11 Defendant.
12 Plaintiff Comin has sued his former employer, defendant International Business Machines Corporation (IBM), on behalf of a putative class under California Labor Code Section 2751 and the Unfair Competition Law (UCL), and for breach of contract. Dkt. No. 23. Comin alleges that IBM had a practice of not providing sales representatives with a written contract about commissions, which Section 2751 requires, and failing to pay commissions as they came due. IBM asks to dismiss the Labor Code and UCL claims under Federal Rule of Civil Procedure 12(b)(6), to strike the class definition as overbroad under Rule 12(f), to dismiss or strike Comin’s prayer for injunctive and declaratory relief for lack of standing under Rule 12(b)(1), and to strike Comin’s demand for a jury trial on the UCL claim. Dkt. No. 24. …