9 COUNTY OF SANTA CLARA

12 ALEXANDER CHARLES and HENRY MULAK, as individuals, 13 TENTATIVE RULING RE: MOTION Plaintiffs, TO SEQUENCE DISCOVERY; 14 MOTION TO COMPEL FURTHER vs. RESPONSES AND FOR MONETARY 15 SANCTIONS

VARSITY TUTORS LLC,

The above-entitled action comes on for hearing before the Honorable Patricia M. Lucas 19

on August 7, 2020 at 9:00 a.m. in Department 3. The court now issues its tentative ruling as 20

follows:

2019, defendant Varsity Tutors LLC (“Defendant”) sells and provides private tutoring services. 24

(FAC, ¶ 1.) At least 40,000 tutors work for Defendant nationwide. (Id. at ¶ 10.) Plaintiff Henry 25

Mulak was employed by Defendant as a tutor for five years. (Id. at ¶ 3.) Plaintiff Alexander 26

Charles has been employed by Defendant as a tutor since May 2018. (Id. at ¶ 4.) 27

Plaintiffs Mulak and Charles (“Plaintiffs”) allege that Defendant does not compensate 28

them for time traveling, preparing, communicating with students and parents, or scheduling an