2013-00154012-CU-OE

Vance Procter vs. Auto Care Inc

Nature of Proceeding: Motion to Strike

Filed By: Hoffman, Christopher C.

Defendants’ motion to strike portions of the complaint is effectively UNOPPOSED and
is GRANTED but with leave to amend.

In this action, plaintiffs assert various wage-and-hour claims on behalf of themselves
and others similarly situated. Defendants move to strike certain allegations on the
grounds that plaintiffs lack standing to prosecute the claims arising under Labor Code
§201 – §203 and under Business & Professions Code §17200.

Although plaintiffs filed what is labeled an opposition, it does not challenge the merits
of this demurrer but instead insists that leave to amend should be granted so that a
new plaintiff with standing may be added or alternatively to redefine the proposed
class of plaintiffs. Additionally, the opposition requests leave to conduct discovery in
order to identify former employees of defendants who may be a suitable class
representative.
Coupled with the lack of substantive opposition, the Court finds that the complaint is
defective in the in the manners asserted by defendants and accordingly, the motion to
strike is granted.

The Court declines to consider here plaintiffs’ request to conduct certain discovery.
Any discovery issues in this case should be resolved by the meet-and-confer process
and only where warranted, an appropriate noticed motion may be filed. To assist the
parties, counsel are encouraged to stipulate to the use of a discovery referee who may
more quickly and efficiently address the parties’ discovery needs.

Since this is the first challenge to the complaint, leave to amend is GRANTED.
Plaintiffs may file and serve an amended complaint no later than 5/12/2014. Although
not required by court rule or statute, plaintiffs are directed to present a copy of
this order when the amended complaint is presented for filing.

Defendants to respond within 10 days if the amended complaint is personally served,
15 days if served by mail.

If any defendant demurs to the amended complaint or moves to strike, a copy of that
pleading shall be included with the moving papers.

This minute order is effective immediately. No formal order or other notice is required.
(Code Civ. Proc. §1019.5; CRC Rule 3.1312.)