Russell

Russell v. Walmart Inc.

Good Law
United States District Court, Northern District of CaliforniaJuly 5, 20234:22-cv-02813California1,845 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 DEBORAH RUSSELL, Case No. 22-cv-02813-JST

Plaintiff, 8 v. ORDER GRANTING MOTION TO DISMISS

WALMART, INC., Re: ECF No. 32 Defendant.

12 Before the Court is Defendant Walmart, Inc.’s motion to dismiss. ECF No. 32. The Court will grant the motion. I. BACKGROUND For the purposes of the present motion, the Court accepts as true the following facts in the amended complaint. Walmart is a large retailer that operates many stores in California. Id. ¶ 7. To pay for the items they wish to purchase, Walmart’s customers may choose between using customer-operated self-checkout or having a Walmart-employed cashier check out their items. Id. ¶¶ 13, 17. Plaintiff Deborah Russell shops at one or more Walmart stores and has performed many of the same tasks as a Walmart cashier, without compensation, by using self-checkout. ECF No. 31 ¶ 22. Walmart invites, encourages, and requests customers to use…

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