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Notes
Cal. Code Regs. Tit. 8 , § 204Note: Authority cited: Section 3071, Labor Code. Reference: Sections 3071, 3073, 3076- 3078, 3080- 3084 and 3096, Labor Code.
1. Amendment of subsection (b) and (c) filed 11-3-78; effective thirtieth day thereafter (Register 78, No. 44).
2. Amendment of Article 2 heading and repealer of Section 204 filed 1-25-85; effective thirtieth day thereafter (Register 85, No. 4).
Defendant argues that no private right of action exists with respect to Labor Code section 204. Section 204 does not indicate whether a private cause of action does or does not exist to enforce it. Defendants claim that Labor Code section 210 makes clear that no private cause of action exists to enforce section 204. Section 210 provides that the Labor Commissioner may bring an action for a violation of §204 and recover civil penalties.
CARLOS GARCIA VS. ADIDAS AMERICA INC
56-2015-00470737-CU-OE-VTA
Oct 30, 2015
Ventura County, CA
Employment
Other Employment
There is no private right of action under section 204. Johnson v. Hewlett-Packard Co. (N.D. Cal. 2011) 809 F.Supp.2d 1114, 1136 ("Section 204 requires the payment of wages in a timely manner; it does not provide a right to wages."). Defendants' demurrer to the tenth cause of action for failure to pay earned wages pursuant to Labor Code §§ 204, 206, 216, 218.5, and 218.6 is sustained without leave to amend. As discussed above, there is no private right of action under section 204.
RIVERA VS KEEFE ENTERPRISES LLC
37-2018-00036801-CU-WT-NC
May 02, 2019
San Diego County, CA
Employment
Wrongful Term
However, Plaintiff does not quote or 17 discuss the immediately preceding paragraph, on the same page, which specifically addresses 18 section 204: “[t]here is nothing in section 204 or 210 that indicates, in ‘clear understandable, 19 unmistakable terms,’ that a private right of actions [sic] exists for violations of section 204.” 20 This case does not support Plaintiff’s argument. 21 In Dunlap v.
XAVIER V. NEW LEAF COMMUNITY MARKETS, INC., ET AL. (LEAD CASE; CONSOLIDATED WITH 21CV390546)
19CV347412
Jun 05, 2020
Santa Clara County, CA
Superior Court explained that there is no private right of action for violations of Section 204: “the sole purpose of [section 204] is to require an employer of labor who comes within its terms to maintain two regular pay days each month, within the dates required in that section.” (In re Moffett (1937) 19 Cal.App.2d 7, 14.) “Despite section 204 's use of the word ‘wages,’ section 204 does not provide for the payment of any wages nor create any substantive right to wages.
CHASE METALS INC VS MARK A BENAVIDES
BC709355
May 29, 2019
Los Angeles County, CA
Personal Injury/ Tort
Fraud
The alternative motion to strike is granted as to the alleged violation of Labor Code section 204 (5th claim) and the alleged violation of Labor Code section 222.5 (6th claim) and denied as to the claim for failure to pay minimum wages (1st claim). See’s Candy Shops, Inc. v. Superior Court (2012) 210 Cal.App.4th 889 is dispositive of the alleged violation of Labor Code section 204.
GARCIA VS TRACTOR SUPPLY
MCC1600273
Dec 21, 2017
Riverside County, CA
Sep 29, 2017
Want of Prosecution
Stanley Mosk Courthouse
Los Angeles County, CA
Wrongful Termination (General Jurisdiction)
Labor and Employment
Wrongful Termination
Nov 07, 2016
Dismissal
Stanley Mosk Courthouse
Los Angeles County, CA
Other Employment Complaint Case (General Jurisdiction)
Labor and Employment
General Employment
Feb 27, 2017
Dismissal
Stanley Mosk Courthouse
Los Angeles County, CA
Wrongful Termination (General Jurisdiction)
Labor and Employment
Wrongful Termination
Mar 14, 2013
Removal
Stanley Mosk Courthouse
Los Angeles County, CA
Other Employment Complaint Case (General Jurisdiction)
Labor and Employment
General Employment
Aug 14, 2015
Dismissal
Stanley Mosk Courthouse
Los Angeles County, CA
Wrongful Termination (General Jurisdiction)
Labor and Employment
Wrongful Termination
@ @ } LAW OFFICES OF CARLIN & BUCHSBAUM, LLP Hh NMyoD x \…
Sep 29, 2017
Court-Ordered Dismissal - Before Trial - Lack of Prosecution 05/02/2018
Los Angeles County, CA
Sep 29, 2017
Wrongful Termination (General Jurisdiction)
@ e JEFFREYA. LIPOW (SBN: 82339) LIPOW & HARRIS 18801 Ventura Blvd., Suite 208 FILED Tarzana, California 91356 Superior Court of California County of Los Angeles AQOeY Telephone: (818) 9…
Sep 15, 2016
Default Judgment By Court - Before Trial 07/28/2017
Los Angeles County, CA
Sep 15, 2016
Other Employment Complaint Case (General Jurisdiction)
Be @ ORIGINAL e ERIC B. KINGSLEY, Esq. (SBN 185123) eric@kingsleykingsley.com LIANE KATZENSTEIN LY, Esq., (SBN 259230) Sy; rior Court o f California liane@kingsleykingsley.com ‘Ounty of L ARI J. STILLER, Esq. (SBN 294676) ari@kingsleykingsley.com …
Jan 31, 2017
Pending
Los Angeles County, CA
Mar 21, 2017
Other Employment Complaint Case (General Jurisdiction)
@ Richard Kim (SBN 272814) LAW OFFICES OF RICHARD KIM PC 6131 Orangethorpe Ave., Suite 370 FI Buena Park, CA 90620 Telephone: (714) 276-1122 Joos? Sy rior Court of Califc oh …
Aug 03, 2017
Request for Dismissal - Before Trial not following ADR or more than 60 days since ADR 12/14/2018
Los Angeles County, CA
Aug 03, 2017
Other Employment Complaint Case (General Jurisdiction)
Be Ne : \ ‘@ ORIGINAL ORIGINAL Joseph Lavi, Esq. (State Bar No. 209716) jlavi lelawfirm.com F Andrea Rosenkranz, Esq. (State Bar No. 301559) Sup rior Court of C…
Los Angeles County, CA
Aug 25, 2017
Other Employment Complaint Case (General Jurisdiction)
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