HE v. NEWSTARS TOUR, INC.

DEMURRER TO PLAINTIFF’S COMPLAINT

TENTATIVE RULING

Sustain, without leave to amend, the demurrer to the first cause of action for failure to pay overtime compensation; sustain, without leave to amend, the demurrer to the fifth cause of action, but permit Plaintiff’s counsel 60 days’ leave to find another class representative on the wage statement claim who can allege the claim within the statutory period; and overrule the demurrer to the second cause of action for failure to pay minimum wages.

DISCUSSION

I. Background

Plaintiff has brought this putative wage and hour class action against his employers, Defendants Newstars Tour, Inc., Double Win Travel, Inc., and Jun Wang. Defendants operate a tour bus company, and Plaintiff was employed as a tour bus driver from January 18, 2014 until January 23, 2015. [Complaint, ¶28.] Plaintiff alleges that Defendants engaged in the following violations of the laws of the State of California: (1) the failure to pay and