GRANT the IWIA Parties’ request to take judicial notice of the results of a search on the California Department of Industrial Relations and otherwise deny the request for judicial notice. The census report will not aid the court in the resolution of the issues raised in the demurrer. (Aquila, Inc. v. Superior Court (2007) 148 Cal.App.5th 556, 569 [only relevant material may be noticed].)
SUSTAIN the demurrer to the wage and hour claim (eleventh, twelfth and thirteenth causes of action) and the claim for PAGA penalties (fourteenth cause of action) without leave to amend. Payments owed under the terms of the Settlement do not constitute wages/commission. Further, the PAGA action is barred by the applicable one-year statute of limitations.
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GRANT the IWIA Parties’ request to take judicial notice of the results of a search on the California Department of Industrial Relations and otherwise deny the request for judicial notice. The census report will not aid the court in the resolution of the issues raised in the demurrer. (Aquila, Inc. v. Superior Court (2007) 148 Cal.App.5th 556, 569 [only relevant material may be noticed].)
SUSTAIN the demurrer to the wage and hour claim (eleventh, twelfth and thirteenth causes of action) and the claim for PAGA penalties (fourteenth cause of action) without leave to amend. Payments owed under the terms of the Settlement do not constitute wages/commission. Further, the PAGA action is barred by the applicable one-year statute of limitations.