Motion: Defendant Harvest Container Company, Inc.’s Motion for Judgment on the Pleadings, or, Alternatively, Motion to Strike
Tentative Ruling: To deny Defendant Harvest Container Company, Inc.’s Motion for Judgment on the Pleadings, or, Alternatively, Motion to Strike.
Defendant Harvest Container Co. Inc.’s belated motion for judgment on the pleadings or, alternatively, motion to strike contends plaintiff Roberto Tellez cannot recover premium pay pursuant to Labor Code section 226.7 as part of his cause of action under California’s Unfair Competition Law (UCL).
This case has been pending for over three years; the original complaint was filed in March 2016. The second amended complaint was filed more than a year ago and parties reached a stipulation on defendant’s request to strike portions of the UCL cause of action. Then, in October 2018, the court denied defendant’s motion to strike class allegations and certified the class. Defendant has never asserted the issue raised here; and th