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Yousuf v. Robert A Bothman, Inc.

United States District Court, N.D. California, San Jose Division

February 28, 2017

SAEED YOUSUF, Plaintiff,
v.
ROBERT A. BOTHMAN, INC., et al., Defendants.

          ORDER GRANTING DEFENDANTS' MOTION TO DISMISS RE: DKT. NO. 5

          EDWARD J. DAVILA, United States District Judge

         Plaintiff Saeed Yousuf is a former employee of Defendant Robert A. Bothman, Inc. (“RAB”). Yousuf's claims arise from RAB's termination of his employment. Before the Court is Defendants' Rule 12(b)(6) motion to dismiss Yousuf's fourth cause of action, which alleges that RAB violated California Labor Code §§ 201 and 203 by failing to compensate him for unused vacation time. Defendants' motion will be GRANTED.

         I. BACKGROUND

         RAB hired Yousuf as its Chief Operating Officer in 2002. Compl. ¶ 8, Dkt. No. 1. On February 12, 2016, RAB told Yousuf that his employment would end on May 14 after a 90-day termination period, during which he would continue to receive his usual wages and benefits. Id. ¶¶ 16-17.

         On April 12, RAB told Yousuf that he would no longer receive his salary. Id. ¶ 23; Yousuf Decl. Ex. 4, Dkt. No. 17-4. Instead, he would be required to use his accrued paid vacation time for the remainder of the termination period. Yousuf Decl. Ex. 4, Dkt. No. 17-4 (“[T]he Company is electing to schedule vacation for you beginning April 18th. You will, therefore, continue to get paid through May 14th, but you will be using your accrued vacation days beginning April 18th through your last day of employment.”). By then, Yousuf had saved 144 hours of vacation time, and it continued to accumulate until he left RAB on May 14. Id. Yousuf alleges that when his employment ended, he had earned 148.52 hours of unused vacation time. Compl. ¶ 51. However, when he left, RAB paid him for only 28.52 hours.[1] Id. ¶ 29. Based on this discrepancy, Yousuf alleges that “RAB inappropriately deducted 120 hours” of vacation time from his total amount. Id. ¶ 6.

         Yousuf brings seven causes of action arising from the termination of his employment. Id. ¶¶ 34-77. RAB, joined by the other Defendants, now moves to dismiss the fourth, which alleges that Defendants violated the California Labor Code by failing to pay Yousuf for his unused vacation time. Defs.' Mot. to Dismiss (“MTD”), Dkt. No. 5.

         II. LEGAL STANDARD

         A motion to dismiss under Fed.R.Civ.P. 12(b)(6) tests the legal sufficiency of claims alleged in the complaint. Parks Sch. of Bus., Inc. v. Symington, 51 F.3d 1480, 1484 (9th Cir. 1995). Dismissal “is proper only where there is no cognizable legal theory or an absence of sufficient facts alleged to support a cognizable legal theory.” Navarro v. Block, 250 F.3d 729, 732 (9th Cir. 2001). The complaint “must contain sufficient factual matter, accepted as true, to ‘state a claim to relief that is plausible on its face.' ” Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (quoting Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007)).

         III. DISCUSSION

         A. Request for Judicial Notice

         RAB asks the Court to take judicial notice of information on the website of the California Division of Labor Standards and Enforcement (“DLSE”). Dkt. No. 6. Specifically, RAB requests judicial notice of the Frequently Asked Questions page, which includes a question about vacation time:

Q. Can my employer tell me when to take my vacation?
A. Yes, your employer has the right to manage its vacation pay responsibilities, and one of the ways it can do this is by controlling when vacation can be taken and the amount of vacation that may be taken at any particular time.

Frequently Asked Questions: Vacation, Division of Labor Standards and Enforcement, http://www.dir.ca.gov/dlse/faqvacation.htm, archived athttps://perma.cc/K7Y3-RFVA ...


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