Erblich
Erblich v. Sasaki
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA San Francisco Division MITCHELL ERBLICH, Case No. 23-cv-01265-LB
Plaintiff, ORDER GRANTING MOTION TO
DISMISS WITH LEAVE TO AMEND
v. Re: ECF No. 17 GAIL SASAKI, et al., Defendants. 16 INTRODUCTION The plaintiff, a software programmer, sued his former employer Netlist (and two executives there) for failing to pay him overtime and meal-and-rest-break wages, reimburse him for expenses, and comply with related wage-and-hours requirements (such as an accurate wage statement that reflected the unpaid wages), in violation of the Fair Labor Standards Act (FLSA) and the California Labor Code.1 Netlist removed the case to federal court, asserting federal-question jurisdiction, and then moved to dismiss the complaint for improper service and failure to state a claim.2 The court can decide the motion without oral argument, N.D. Cal. Civ. L.R. 7-1(b), and grants the motion. 25 26 27 1 First Am.…