On July 26, 2019 a
Order
was filed
involving a dispute between
Perez Tony,
and
Kamen Jon,
Radicalmedia Llc,
Scherma Frank,
for Other Employment Complaint Case (General Jurisdiction)
in the District Court of Los Angeles County.
Preview
PEREZ v. RADICALMEDIA, LLC, et al.
DEMURRER TO FIRST AMENDED COMPLAINT FILED
Superior Court of California
Date of Hearing: July 7, 2020 County of Los Angeles
Department: 11
Case No.: 19STCV26096
JUL 09 2020
dyes ren
Sher ri R, Court
Carter, Executive Officer/Clof erk
Bi Ure, Deputy
RULING
Dejane Wortham
The demurrer is SUSTAINED WITHOUT LEAVE TO AMEND as to the 1° and 7*" causes of
action.
BACKGROUND
This is a wage and hour class action and PAGA representative action filed by Plaintiff Tony
Perez (“Plaintiff”), on behalf of himself and similarly situated non-exempt employees of
Defendants RadicalMedia, LLC (“RadicalMedia”), Jon Kamen (“Kamen”), and Frank
Scherma (“Scherma”) (collectively, “Defendants”).
Plaintiff alleges, inter alia, that Defendants failed to properly compensate him and/or
other persons who performed services for a commercial production entitled “Cadillac
#2753” (“Production”) on or about 9/8/18. See FAC, 9110-11.
The operative FAC asserts the following seven (7) causes of action:
(1) Failure to provide compliant pay stubs
(2) Failure to pay minimum wage and/or overtime
(3) Continuing wages
(4) Business & Professions Code §17200
(5) Failure to provide employment records
(6) Failure to provide employment records
(7) PAGA
Before the Court is Defendants’ demurrer to the FAC.
DISCUSSION
Defendants generally demur to the 1° (failure to provide compliant pay stubs in violation
of Labor Code §226(a)) and 7'* (PAGA) causes of action. See Notice of Demurrer, p.1.
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//1
Document Filed Date
July 09, 2020
Case Filing Date
July 26, 2019
Category
Other Employment Complaint Case (General Jurisdiction)
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PEREZ v. RADICALMEDIA, LLC, et al. DEMURRER TO FIRST AMENDED COMPLAINT FILED Superior Court of California Date of Hearing: July 7, 2020 County of Los Angeles Department: 11 Case No.: 19STCV26096 JUL 09 2020 dyes ren Sher ri R, Court Carter, Executive Officer/Clof erk Bi Ure, Deputy RULING Dejane Wortham The demurrer is SUSTAINED WITHOUT LEAVE TO AMEND as to the 1° and 7*" causes of action. BACKGROUND This is a wage and hour class action and PAGA representative action filed by Plaintiff Tony Perez (“Plaintiff”), on behalf of himself and similarly situated non-exempt employees of Defendants RadicalMedia, LLC (“RadicalMedia”), Jon Kamen (“Kamen”), and Frank Scherma (“Scherma”) (collectively, “Defendants”). Plaintiff alleges, inter alia, that Defendants failed to properly compensate him and/or other persons who performed services for a commercial production entitled “Cadillac #2753” (“Production”) on or about 9/8/18. See FAC, 9110-11. The operative FAC asserts the following seven (7) causes of action: (1) Failure to provide compliant pay stubs (2) Failure to pay minimum wage and/or overtime (3) Continuing wages (4) Business & Professions Code §17200 (5) Failure to provide employment records (6) Failure to provide employment records (7) PAGA Before the Court is Defendants’ demurrer to the FAC. DISCUSSION Defendants generally demur to the 1° (failure to provide compliant pay stubs in violation of Labor Code §226(a)) and 7'* (PAGA) causes of action. See Notice of Demurrer, p.1. /// //1