Tentative ruling issued by Judge Henry J. Walsh on Dec. 11, 2023 in Ventura County, CA - Case no: xxxxxUOE

SUPERIOR COURT OF CALIFORNIA
COUNTY OF VENTURA
Tentative Ruling
202000547283CUOE: Gutierrez vs. Thompco Inc
12/11/2023 in Department 42
Motion to Deny Class Certification
Deny motion to deny class certification.
Wage Order 16 is the applicable order. Defendant is not involved in interstate commerce.
There is no pre-emption by Federal law. This is better addressed when Plaintiff moves to
certify the class. When is plaintiff going to do that? At that point, the burden is on the
Plaintiff. Here, the burden is on the Defendant, and they have not sustained it.
Deny discovery motion. Plaintiff’s supplemental responses complied with the Court’s order
of August 10th. Plaintiff’s state that they do not have the records and direct defendant
to the cell phone carriers. If defendant wants them, subpoena them. Law enforcement obtains
these records all the time via a search warrant. It should not be any different with a subpoe….....