The defendants’ motion to strike portions of the first amended complaint is granted in part and denied in part. Specifically, it is denied as to items 1 and 2, and granted without leave to amend as to items 3 through 5. The defendants shall file and serve their answers within 10 days. Analysis: The references to record-keeping violations and to section 1174 are not irrelevant, false or improper. Although the plaintiff is not asserting a private right of action for the violation of section 1174, the allegations are relevant to the PAGA cause of action, which incorporates those allegations by reference. The plaintiff offers no opposition to the defendants’ assertion that the claims for injunctive relief are improper. Accordingly, the Court grants the motion to that extent only.
Hearing Date
October 08, 2020
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The defendants’ motion to strike portions of the first amended complaint is granted in part and denied in part. Specifically, it is denied as to items 1 and 2, and granted without leave to amend as to items 3 through 5. The defendants shall file and serve their answers within 10 days. Analysis: The references to record-keeping violations and to section 1174 are not irrelevant, false or improper. Although the plaintiff is not asserting a private right of action for the violation of section 1174, the allegations are relevant to the PAGA cause of action, which incorporates those allegations by reference. The plaintiff offers no opposition to the defendants’ assertion that the claims for injunctive relief are improper. Accordingly, the Court grants the motion to that extent only.