Mays v. Wal-Mart Stores, Inc.

354 F. Supp. 3d 1136
CourtDistrict Court, C.D. California
DecidedJanuary 29, 2019
DocketCase No. CV 18-02318-AB (KKx)
StatusPublished
Cited by16 cases

This text of 354 F. Supp. 3d 1136 (Mays v. Wal-Mart Stores, Inc.) is published on Counsel Stack Legal Research, covering District Court, C.D. California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Mays v. Wal-Mart Stores, Inc., 354 F. Supp. 3d 1136 (C.D. Cal. 2019).

Opinion

HONORABLE ANDRÉ BIROTTE JR., UNITED STATES DISTRICT COURT JUDGE

Before the Court is Defendant Wal-Mart Stores, Inc.'s ("Walmart") Motion for Judgment on the Pleadings. (Dkt. No. 82 (hereinafter, "Mot.").) Plaintiff Lerna Mays ("Plaintiff") opposed the motion, and Walmart filed a reply. (See Dkt. No. 83 (hereinafter, "Opp'n"); see also Dkt. No. 85 (hereinafter, "Reply").) For the following reasons, the Court DENIES the Motion.

I. BACKGROUND

Plaintiff brought this suit against Walmart on behalf of a putative class of former and current Walmart employees for *1140alleged violations of the California Labor Code. Plaintiff moved to certify the class and alleged Walmart engaged in three "class-wide policies and practices" that violate California law, including: (1) failing to provide the legal name of the employer on its wage statements; (2) failing to list net wages earned on certain wage statements issued after the Statement of Final Wages; and, (3) failing to timely pay all accrued wages immediately upon separation of employment. (Dkt. No. 43 at 1-2.) Plaintiff sought to certify two classes of Walmart associates: (1) all California workers who received a wage statement between December 16, 2016 to date (the "Wage Statement Class") and (2) all California workers who received one or more wage payments during the period from December 18, 2014 to date, whose employment terminated on or after December 18, 2014, who received additional wages or vacation pay following the issuance of their Statement of Final Wages (the "Former Employee Class").

On August 22, 2018, this Court denied the motion. (Dkt. No. 61 (hereinafter, "Class Cert. Order").) As to the Former Employee Subclass, the Court determined Plaintiff failed to establish numerosity, commonality, and predominance. (Id. at 7-13.) As to the Wage Statement Class, the Court found Plaintiff alleged no plausible concrete injury and therefore did not have standing to sue in federal court. (Id. at 19.) Accordingly, the Court dismissed Plaintiff's second cause of action for lack of standing with leave to amend. (Id. at 20.) The Court denied Plaintiff's subsequent motion for reconsideration of the order denying class certification. (Dkt. Nos. 63, 74.)

On September 12, 2018, Plaintiff filed the First Amended Complaint adding a representative claim under the Labor Code's Private Attorneys General Act ("PAGA") of 2004, Cal. Lab. Code § 2698 et seq. (See generally Dkt. No. 64 (hereinafter, "FAC").) Plaintiff alleges the following causes of action: "(1) Continuing Wages, Cal. Lab. Code §§ 201, 202 and 203 ; (2) Failure to Provide Adequate Pay Stubs, Cal. Lab. Code § 226(a) ; (3) Failure to Provide Reporting Time Pay, IWC Wage Order 7; (4) Unfair Competition, Cal. Bus. & Prof. Code §§ 17200 et seq. ; (5) Failure to Provide Employment Records, Cal. Lab. Code § 226(b) ; (6) Failure to Provide Employment Records upon request, Cal. Lab. Code § 1198.5 ; (7) Violation of the Private Attorneys General Act of 2004, California Labor Code §§ 2698 et seq. " (FAC at 1.) Plaintiff seeks civil penalties under PAGA for Walmart's alleged (1) failure to provide itemized wage statements in violation of Labor Code section 226(a) ; (2) failure to timely pay all wages due in violation of Labor Code sections 201 through 203 and 227.3 ; (3) failure to pay reporting-time pay in violation of Labor Code sections 204 and 1198 ; (4) failure to provide employment records upon request in violation of Labor Code section 226(b) ; and (5) failure to provide employment records in violation of Labor Code section 1198.5. (FAC ¶ 81.)

Specifically, Plaintiff alleges Walmart "has had a consistent policy and/or practice of: (1) failing to timely pay employees all wages due upon termination; (2) knowingly and intentionally failing to timely furnish the proper itemized wage statements to employees; and (3) failing to pay reporting-time pay." (FAC ¶ 5.)

Walmart now moves for judgment on the pleadings as to Plaintiff's second cause of action for failure to provide adequate wage statements under California Labor Code section 226(a) and partial judgment on Plaintiff's seventh cause of action for civil penalties under PAGA on the ground that Plaintiff failed to exhaust administrative remedies. (See generally Mot.)

*1141II. LEGAL STANDARD

Under Federal Rule of Civil Procedure 12(c), "[a]fter the pleadings are closed- but early enough not to delay trial-a party may move for judgment on the pleadings." A Rule 12(c) motion follows the same standard as a motion to dismiss. Chavez v. United States , 683 F.3d 1102, 1108 (9th Cir. 2012). A Rule 12(c) motion may thus be predicated on either (1) the lack of a cognizable legal theory, or (2) insufficient facts to support a cognizable legal claim. See Balistreri v. Pacifica Police Dep't , 901 F.2d 696, 699 (9th Cir. 1990). In ruling on a Rule 12(c) motion, the Court "must accept all factual allegations in the complaint as true and construe them in the light most favorable to the non-moving party." Fleming v. Pickard , 581 F.3d 922, 925 (9th Cir. 2009). "Judgment on the pleadings is properly granted when there is no issue of material fact in dispute, and the moving party is entitled to judgment as a matter of law." Id.

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Bluebook (online)
354 F. Supp. 3d 1136, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mays-v-wal-mart-stores-inc-cacd-2019.