Case Number:
23STCV05253
Hearing Date:
March 14, 2024
Dept:
55
NATURE OF PROCEEDINGS
: Demurrer With Motion to Strike of Defendants ADC, Boltier R&D, and Hun Choe to Plaintiffs First Amended Complaint.



BACKGROUND

In this case, MIKA YAMAMORI and JOHNNY PHAM (Plaintiffs), as self-represented litigants, allege wage and hour violations against ADC ENERGY, INC.; BOLTIER R& D, INC.; and HUN YONG CHOE (Defendants). The causes of action in the First Amended Complaint (FAC) are: 1. Unlawful Business Practices (Bus. & Prof. Code 17200 et. seq.); 2. Failure to Pay Minimum Wage; 3. Failure to Provide Meal Breaks; 4. Failure to Provide Rest Periods; 5. Labor Code Section 203 Wages; 6. Labor Code 226 Damages; and 7. Wrongful Termination in Violation of Public Policy.

Defendants demur to the FAC and move to strike allegations regarding appointment of a receiver. Plaintiffs oppose as addressed below.

LEGAL STANDARD

Demurrers are to be sustained where a pleading fails to pl