Gomez
Gomez v. Elite Labor Services Weeklys, Ltd.
Opinion
Trial Court Opinion
IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA 6 FERNANDO GOMEZ, Case No. 21-cv-03860-MMC
Plaintiff, ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' v. MOTION TO DISMISS AND TO
STRIKE CLASS ALLEGATIONS;
ELITE LABOR SERVICES WEEKLYS, AFFORDING PLAINTIFF FURTHER LTD., et al., LEAVE TO AMEND 11 Defendants.
12 Before the Court is the "Motion to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(6) or, in the Alternative, Motion to Strike Class Allegations [in] Fourth Amended Complaint Pursuant to Fed. R. Civ. P. 12(f)," filed September 20, 2022, by defendants Elite Labor Services Weeklys, Ltd. and Elite Staffing, Inc. (collectively, "Elite Defendants"). Plaintiff Fernando Gomez ("Gomez") has filed opposition, to which the Elite Defendants have replied. Having read and considered the papers filed in support of and in opposition to the motion, the Court rules as follows.1 BACKGROUND In the operative complaint, the…