Mish
Mish v. TForce Freight, Inc.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 DONYEISHA MISH, Case No. 21-cv-04094-EMC
Plaintiff,
ORDER GRANTING IN PART AND
v. DENYING IN PART DEFENDANT’S
MOTION TO DISMISS
TFORCE FREIGHT, INC., Docket No. 26 Defendant.
12 13 Plaintiff Donyeisha Mish (“Mish”), formerly employed as a Parts Clerk for Defendant TForce Freight, Inc (“TForce”), brings wage-and-hour and unfair competition claims under California law on behalf of herself and two putative classes of non-exempt TForce Freight employees in California in her First Amended Complaint. Docket No. 24 (“FAC”). Pending before the Court is TForce’s motion to dismiss the third, fourth and seventh causes of action in the FAC and to dismiss or strike all class allegations. Docket No. 26 (“MTD”). For the following reasons, the Court GRANTS TForce’s motion to dismiss Mish’s seventh cause of action and all class allegations (but grants Mish leave to amend her claims), and DENIES TForce’s motion to dismiss Mish’s…