Sergio Cota, individually and on behalf of all others similarly situated v. Fresenius USA Inc., et al.
Published: Dec. 30, 2022 | Result Date: Mar. 15, 2022 | Filing Date: Jun. 4, 2018 |Case number: 3:18-cv-01163-LAB-AGS Summary Judgment – Defense
Judge
Court
USDC Southern District of California
Attorneys
Plaintiff
Farzad Rastegar
(Rastegar Law Group APC)
Thomas S. Campbell
(Rastegar Law Group APC)
Defendant
David H. Stern
(Baker & Hostetler LLP)
Alex E. Spjute
(Baker & Hostetler LLP)
Facts
Sergio Cota worked for Fresenius USA Manufacturing, Inc. as a truck driver in California from May 21, 2008, through April 19, 2017. After Cota filed his claims, the Secretary of Transportation, acting through the Federal Motor Carrier Safety Administration, declared the Motor Carrier Safety Act of 1984 preempted California meal and rest break rules when it came to commercial motor vehicle drivers. The Ninth Circuit upheld the preemption decision in Int'l Bhd. Of Teamsters, Local 2785 v. FMCSA, Case No. 19-73488. Cota brought a class action, individually and on behalf of all others similarly situated, against Fresenius USA and its parent company.
Contentions
PLAINTIFF'S CONTENTIONS: Plaintiff contended that defendants failed to: provide compliant meal periods and rest breaks; pay overtime compensation; pay all wages due upon termination; and provide accurate itemized wage statements for its employees in California. Plaintiff also alleged that as a result of these violations, defendants engaged in unfair business practices. Finally, plaintiff maintained that preemption did not apply to his claims because the conduct occurred before December 2018, when the Ninth Circuit decision was issued.
DEFENDANTS' CONTENTIONS: Defendants contended that plaintiff's meal and rest break causes of action were barred by preemption as decided by the Ninth Circuit decision and that his overtime cause of action failed because commercial motor vehicle drivers were exempted from California's overtime requirements. Finally, defendants alleged that his remaining causes of action were derivative of the other failed causes of action.
Result
The court granted defendants' summary judgment motion.
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