Einstein

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA 7 MIKE EINSTEIN, Case No. 21-cv-00300-CRB

Plaintiff,

ORDER GRANTING MOTION TO

v. DISMISS CLAIMS 4 AND

RADIO THERMOSTAT COMPANY OF AMERICA INC., et al., 12 Defendants. 13 Plaintiff Mike Einstein is suing his former employer Defendants Radio Thermostat 14 Company of America, Inc., Tim Simon, Inc., and Tim Simon, alleging eight claims. In 15 Claim 4, Einstein alleges that Defendants “knowingly misclassif[ied] [its workers] as 16 independent contractors, in violation of California Labor Code Section 226.8.” Compl. 17 (dkt. 1) ¶ 41. In Claim 5, he seeks civil penalties, alleging that Defendants failed to furnish 18 accurate paystubs, in violation of Labor Code § 226(a). Id. ¶¶ 44, 46–47. 19 Simon moved to dismiss these two claims. Mot. to Dismiss (dkt. 29); see Fed. R. 20 Civ. P. 12(b)(6). Einstein does not oppose. Statement of Non-Opposition (dkt. 36). 21 The Court agrees that both claims lack “a cognizable legal theory.” Godecke v. 22 Kinetic Concepts, Inc., 937 F.3d…