Order - RULING ON PLAINTIFF'S DEMURRER TO THE ANSWER OF MICHAEL ESTRADA DBA BIRRIERIA ESTRADAS

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                          AUG 0 9 2022

Short R. Carter, x
ay. Oapety

Victor Herrera v. Birrieria Estrada, et al. Hearing Date: 8/9/2022
(22STCV12319)

Moving Party: Plaintiff Victor Herrera
Opposing Party: Defendant Michael Estrada dba Birrieria Estradas

Relief Requested: Plaintiff's Demurrer to the Answer of Michael Estrada dba Birrieria
Estradas

Opposition: None.

Ruling: Plaintiff's demurrer is sustained. Defendants are granted 20 days leave to
file an amended answer. Plaintiff is to give notice.

Background

This action arises out of Victor Herrera’s (“Plaintiff” or “Herrera”) employment with Birriera
Estrada(s), Michael Estrada, and Helen Jimenez (“Defendants”). Plaintiff alleges he worked for
Defendants at their 2627 Durfee Ave, El Monte California, 91732 location preparing the food,
doing the inventory, and other tasks. Plaintiff alleges several labor code violations, namely that
Defendants failed to provide meal and rest breaks, failed to pay overtime wages, failed to
provide wage statements, etc. …