Fonseca vs Hewlett-Packard Company [E-File]

Case No.: 37-2017-00045630-CU-WT-CTL    

Tentative Ruling on Demurrer/Motion to Strike

Fonseca v. Hewlett Packard, Case No. 2017-45630

May 3, 2019, 1:30 p.m., Dept. 72

1. Overview and Procedural Posture.

This is a putative class action challenging HP's decisions during 2012–17 to implement its "U.S. Workforce Reduction Plan," which plaintiff alleges was a "scheme to terminate its older, higher paid employees and replace them with younger, lower paid employees." The seven count complaint, alleging employment claims, claims under the Government Code, and claims under the Business & Professions Code, was filed November 29, 2017. ROA 1. In early 2018, HP removed the case to federal court. ROA 10.

In September of 2018, the federal court found the removal improvident and remanded, but no one told this court until December of 2018. ROA 13. This court promptly scheduled a CMC. ROA 19. At the March 15, 2019 CMC, counsel began to outline the several other actio........