TENTATIVE RULING ON DEFENDANT WELLS FARGO, N.A.’s, MOTION TO STRIKE
PORTIONS OF SIXTH CAUSE OF ACTION IN PLAINTIFF’S THIRD AMENDED
COMPLAINT
Wells Fargo Bank, N.A. (“Defendant”), filed a motion to strike portions of the sixth cause
of action in the third amended complaint (“TAC”) of Nathan Todd Davis (“Plaintiff”). In
his sixth cause of action, Plaintiff asserts a private right of action for Defendant’s alleged
failure to provide itemized wage statements in violation of Cal. Labor Code §§ 226(a)
and 246(i).
Specifically, Defendant seeks to strike that portion of TAC ¶ 90 indicating, “and the
accrual of sick leave”, and the entirety of both TAC ¶¶ 92 and 93, in which Plaintiff seeks
relief for Defendant’s alleged violation of Cal. Labor Code § 246(i).
Cal. Labor Code § 246(i) is part of the Healthy Workplaces, Healthy Families Act of
2014 (“HWHFA”), which was enacted to provide for paid sick leave. In his sixth cause
of action, Plaintiff seeks relief under both Cal. Labor Code § 246(i)
Hearing Date
August 06, 2018
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TENTATIVE RULING ON DEFENDANT WELLS FARGO, N.A.’s, MOTION TO STRIKE
PORTIONS OF SIXTH CAUSE OF ACTION IN PLAINTIFF’S THIRD AMENDED
COMPLAINT
Wells Fargo Bank, N.A. (“Defendant”), filed a motion to strike portions of the sixth cause
of action in the third amended complaint (“TAC”) of Nathan Todd Davis (“Plaintiff”). In
his sixth cause of action, Plaintiff asserts a private right of action for Defendant’s alleged
failure to provide itemized wage statements in violation of Cal. Labor Code §§ 226(a)
and 246(i).
Specifically, Defendant seeks to strike that portion of TAC ¶ 90 indicating, “and the
accrual of sick leave”, and the entirety of both TAC ¶¶ 92 and 93, in which Plaintiff seeks
relief for Defendant’s alleged violation of Cal. Labor Code § 246(i).
Cal. Labor Code § 246(i) is part of the Healthy Workplaces, Healthy Families Act of
2014 (“HWHFA”), which was enacted to provide for paid sick leave. In his sixth cause
of action, Plaintiff seeks relief under both Cal. Labor Code § 246(i)