Marcie Hamilton v. JUUL Labs, Inc.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 MARCIE HAMILTON, Case No. 20-cv-03710-EMC

Plaintiff,

SUPPLEMENTAL ORDER GRANTING

v. DEFENDANT’S MOTION TO DISMISS

PLAINTIFF’S CARTWRIGHT ACT

JUUL LABS, INC., CLAIMS Defendant. Docket No.

12 13 The parties seek clarification on whether the portions of Plaintiff’s Fifth Claim for Relief under Labor Code § 432.5 predicated on the Cartwright Act remain alive. Docket No. 45 at 10. See FAC ¶¶ 143-47. California Labor Code § 432.5 provides that “[n]o employer, or agent, manager, superintendent, or officer thereof, shall require any employee or applicant for employment to agree, in writing, to any term or condition which is known by such employer, or agent, manager, superintendent, or officer thereof to be prohibited by law.” Cal. Lab. Code § 432.5. In ruling on the first Motion to Dismiss, this Court found that Plaintiff’s Fifth Claim for a PAGA violation under Labor Code § 432.5 survives…