United States District Court, S.D. California
GREG SMITH and MICHELLE AYALA, on behalf of themselves and all others similarly situated, Plaintiffs,
RED ROBIN INTERNATION, dba RED ROBIN BURGER AND SPRITS EMPORIUMS, a Nevada Corp., and DOES 1 through 10, inclusive, Defendants.
ORDER DENYING PLAINTIFFS' MOTION FOR CLASS
CERTIFCATION [DOC. NO. 39]
A. HOUSTON, United States District Judge
move to certify this action seeking relief for failure to pay
overtime wages, failure to timely pay wages at separation,
failure to provide accurate itemized wage statements, unfair
business practices and violations of the Private Attorneys
General Act of 2004 (“PAGA”). Defendants oppose
the motion. After a thorough review of the parties'
submissions, the Court DENIES Plaintiff's motion.
Greg Smith and Michelle Ayala, originally filed a complaint
in Superior Court of California, County of San Diego, and
filed an amend complaint on April 30, 2014, against Red Robin
International, Inc. for failure to pay overtime wages in
violation of California Labor Code sections 204, 510, 1194,
1198; failure to timely pay wages at separation in violation
of California Labor Code sections 201-203; failure to provide
accurate itemized wage statements in violation of California
Labor Code section 226; unfair business practices in
violation of Unfair Competition Law (“UCL”),
California Business and Professions Code sections
17200-17208; and violations of PAGA, California Labor Code
sction 2698, et. seq. Plaintiffs allege Defendant
misclassified certain managers, and those with similar title
and duties, as exempt from overtime pay, resulting in
non-payment of overtime compensation. First Amended Complaint
(“FAC”) ¶¶ 1, 2 (Doc. No. 1-3).
Defendant removed the action to federal court on June 12,
now seek class certification. Defendant filed an opposition
to the motion and Plaintiffs filed a reply. Finding the
motion suitable for hearing without oral argument, the Court
took the matter under submission pursuant to Local Rule 7.1.
seek to certify the following class:
All Defendant's California restaurant managers classified
as exempt, reporting to a General Manager, from March 25,
2010 to the date of trial.
Plaintiffs also seek to certify the following subclasses:
All members of the Plaintiff Class not paid the legally
required overtime rate for all hours worked in excess of
eight (8) hours per workday or forty (40) hours per workweek.
Waiting Time Subclass:
All members of the Plaintiff Class who separated from their
employment voluntarily or involuntarily, to whom Defendants