On November 27, 2017, Plaintiff filed a Class Action Complaint in the Superior Court of the State of California, County of Stanislaus.
On January 26, 2018, Plaintiff filed an Amended Class Action Complaint in the Superior Court of the State of California, County of Stanislaus. The Amended Complaint alleges causes of action for: (1) Failure to Pay Accrued Vacation Wages upon Termination (Labor Code §§ 201, 203, 227.3); (2) Failure to Provide Accurate Wage Statements (Labor Code §§ 226(a)(1) & (5)); (3) Unlawful, Unfair, and Fraudulent Business Practices regarding wage-related allegations (Bus. & Prof. Code §§ 17200, et seq.); (4) Labor Code Private Attorney General Act claim regarding wage-related allegations (Labor Code §§ 2698, et seq.); (5) Disability Discrimination (Cal. Gov. Code § 12940(a)); (6) Failure to Prevent Discrimination (Cal. Gov. Code § 12940(k)); (7) Failure to Provide Reasonable Accommodations (Cal. Gov. Code § 12940(m)); (8) Failure to Engage in the Interactive Process (Cal. Gov. Code § 12940(n); and (9) Wrongful Termination in Violation of Public Policy.
WinCo removed this case to the United States District Court, Eastern District of California on March 2, 2018. WinCo then moved to dismiss and to strike allegations in the Amended Complaint. On March 31, 2019, the Court entered its Order on WinCo’s motion, which (1) dismissed Plaintiff’s first through fourth causes of action with prejudice; (2) struck Plaintiff’s class and representative claims; (3) dismissed Plaintiff’s request for injunctive relief; and (3) dismissed Plaintiff’s fifth through ninth causes of action without prejudice.
On April 30, 2019, Plaintiff filed a Second Amended Complaint, and, thereafter a Third Amended Complaint on May 6, 2019. The Third Amended Complaint asserts all claims and allegations from the First Amended Complaint (with additional allegations relating to the fifth through ninth claims for relief), but acknowledges that the allegations and claims are asserted pursuant to the Court’s March 31, 2019 Order (i.e., that the first through fourth claims were dismissed by the Court’s prior Order).
This case is set for trial in October, 2020, with respect to Plaintiff’s remaining individual claims only.