Gau
Gau v. Hillstone Restaurant Group, Inc.
Opinion
Trial Court Opinion
I. BACKGROUND
1 A. This Case 2 In the time period relevant to this case, Hillstone operated 17 full-service restaurants in 3 California. Dkt. 59-2 ¶ 3. From 2013 to June 2020, Plaintiff Edward Scott Gau worked as a 4 server at Hillstone’s Los Altos Grill restaurant, which is located in this District. See Dkt. 53 at Ex. 5 A (Gau Decl.) ¶ 2; Ex. B (Gau Depo.) at 30:9-16. Plaintiff Brandi Foster-Gau was employed at 6 Los Altos Grill from 2014 to June 2020. Complaint ¶ 10; Dkt. 53 at Ex. H (Foster-Gau Decl.) ¶ 2. 7 On September 30, 2020, Plaintiffs filed a class and representative action in Santa Clara 8 County Superior Court for various Labor Code violations and for civil penalties under PAGA. 9 Ex. B to Dkt. 1 (Complaint). Following service of the Complaint, Hillstone filed an Answer on 10 November 18, 2020. Ex. K to Dkt. 1 (Answer). On November 23, 2020, Hillstone removed the 11 case to this Court. Dkt. 1 (Notice of Removal). The Court subsequently denied Plaintiffs’ motion 12 to remand. Dkt. 21. 13 Following discovery relating to class certification, Plaintiff Gau moved to certify a rest 14 period class and a meal period class. Dkt. 52. On March 31, 2022, the…