9 COUNTY OF SANTA CLARA

12 BRENDA J. SMITH, 13 Plaintiff, TENTATIVE RULING RE: MOTION FOR ORDER SUBSTITUTING 14 vs. RE’VONNA M. MATTHEWS AS ADMINISTRATOR/PERSONAL 15 THE SERVICE EMPLOYEES REPRESENTATIVE FOR DECEASED INTERNATIONAL UNION, LOCAL 521,

16 SERVICE EMPLOYEES INTERNATIONAL

UNION (added as DOES 1) and DOES 2 through

17 50, inclusive,

18 Defendants.

23 I. INTRODUCTION

24 This case arises out of various alleged wage and hour violations. The main contention of 25 plaintiff Brenda J. Smith (“Plaintiff”) is that as a union organizer, she was primarily engaged in 26 the type of work that is considered non-exempt and therefore was and is entitled to overtime 27 compensation. (Complaint, ¶ 16.)

1 The Complaint, filed on February 19, 2016, sets forth the following causes of action: 2 (1) Failure to Pay Overtime Wages; (2) Failure to Provide Off-Duty Meal Periods; (3) Failure to 3 pay Overtime Wages: Meal Periods; (4) Failure to Furnish Accurate Wage Statements; 4 (5) Waiting Tim