United States District Court, N.D. California, San Jose Division
ORDER GRANTING DEFENDANTS' MOTION TO DISMISS RE:
DKT. NO. 5
J. DAVILA, United States District Judge
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.
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. ¶¶
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. Id. ¶ 29. Based on this
discrepancy, Yousuf alleges that “RAB inappropriately
deducted 120 hours” of vacation time from his total
amount. Id. ¶ 6.
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.
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)).
Request for Judicial Notice
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
Q. Can my employer tell me when to take my
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,