Ornelas

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

JOHN ORNELAS, Plaintiff, No. C 18-06453 WHA

v.

TAPESTRY, INC., ORDER RE MOTION FOR

PARTIAL SUMMARY JUDGMENT

Defendant.

15 INTRODUCTION In this wage-and-hour putative class action, defendant moves for partial summary judgment. Because plaintiff has failed to show that defendant did not provide rest and meal breaks or discouraged plaintiff from taking adequate breaks, partial summary judgment as to claims four through seven is GRANTED. Furthermore, because plaintiff raises no genuine dispute that defendant acted willfully, knowingly, or intentionally in failing to pay wages due at termination or provide accurate wage statements, partial summary judgment as to claims five and six is GRANTED. While plaintiff lacks Article III standing to bring break violation claims under the California Labor Code’s Private Attorney General Act, the claim can be remanded to state court, so defendant’s motion for…