Cota
Cota v. Fresenius USA, Inc.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
10 SERGIO COTA, individually and on CASE NO. 18cv1163-LAB (AGS) behalf of all others similarly situated, Plaintiffs, ORDER GRANTING
DEFENDANT’S MOTION FOR
13 vs. SUMMARY JUDGMENT [Dkt. 36] 14 FRESENIUS USA, INC., et al., 15 Defendants. 16 Plaintiff Sergio Cota worked for Defendant Fresenius USA Manufacturing, Inc. (“FUSA Manufacturing,” and together with its parent and co-defendant Fresenius USA, Inc., “Defendants”) as a truck driver from May 21, 2008 through April 19, 2017. While he worked there, he alleges, Defendants violated California’s labor laws relating meal periods, rest breaks, and overtime compensation. He also alleges derivative claims for failure to pay wages due upon termination, failure to provide accurate itemized wage statements, violation of California’s Unfair Competition Law (“UCL”), and violation of the California Private Attorneys General Act (“PAGA”). After Cota filed his claims, the Secretary of Transportation, …