Johnson v. Trumpet Behavioral Health, LLC

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 JASMINE JOHNSON, et al., Case No. 3:21-cv-03221-WHO

Plaintiffs,

ORDER GRANTING MOTION TO

v. DISMISS

TRUMPET BEHAVIORAL HEALTH, Re: Dkt. No. 41 LLC, et al., 11 Defendants.

12 The plaintiffs in this putative wage-and-hour class action seek, among other remedies, equitable restitution under California’s Unfair Competition Law (“UCL”). I previously dismissed the claim with leave to amend for failure to plead a lack of adequate remedies at law, as required by Sonner v. Premier Nutrition Corp., 971 F.3d 834 (9th Cir. 2020). The amended complaint still does not plead that the plaintiffs lack adequate remedies at law, again requiring dismissal. But that dismissal is without prejudice to the plaintiffs’ ability to seek leave to amend if they later learn that they do lack adequate remedies at law. BACKGROUND Plaintiffs Jasmine Johnson, Jade Khodar-Fisher, and Brittnie Boruff—who worked for the defendants as…