Tentative ruling issued by Judge Frederick P. AGUIRRE on Sep. 01, 2016 in Orange County, CA - Case no: xxxxxCJC

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On September 1, 2016, Judge Frederick P. AGUIRRE of Orange County Superior Court, Department C23, issued the following tentative ruling.

The Reference Case No.: (Subscribe to View) Orange County, California. Hearing Date 09.01.2016.

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Defendants Foderas’ motion to strike representative/class action claims is granted with 14 days leave to amend allowed solely for plaintiff to plead the damages she is able to recover on her individual claims.
In Reply, defendants point out that plaintiff has acknowledged her failure to comply with the prerequisites to allege a class action and has agreed to remove the PAGA and representative claims from the First Amended Complaint.
The following allegations are ordered stricken:
1. P. 2 line 9: "PAGA Violations" 2. P. 2 lines 11-2: "and acting for the interests of other current and former employees," 3. P. 2 lines 20-24: "also" "and on behalf of other current and former aggrieved employees of Defendants, pursuant to Labor Code§§ 2628, et seq., of the Private Attorneys General Act of2004 ("PAGA") seeking to recover all penalties, attorneys' fees and Injunctive relief afforded by law on behalf of herself and other aggrieved employees." 4. P. 6 lines 5-6: "RISTORANTE s….....

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