Contract analysis

1. The Sixth Cause of Action for violation of the Unfair Competition Law ("UCL"), California Business and Professions Code section 17200 et seq., fails to state facts sufficient to constitute a cause of action against Defendant VMS. The UCL claim is entirely derivative of the underlying Labor Code causes of action, fails to allege independent factual support for the "unfair" prong of section 17200, and improperly see

2. The Seventh Cause of Action for civil penalties under the Private Attorneys General Act ("PAGA"), California Labor Code section 2698 et seq., fails to state facts sufficient to constitute a cause of action against Defendant VMS. Plaintiff lacks standing to assert representative PAGA claims for violations she did not personally experience, and the Complaint fails to allege compliance with the mandatory pre-suit exh

3. The class allegations in the Complaint, insofar as they relate to the Second Cause of Action for rest period violations under California Labor Code section 226.7, constitute irrelevant, false, or improper matter within the meaning of California Code of Civil Procedure section 436, subdivisions (a) and (b). The Complaint's own factual allegations demonstrate that the putative class of approximately 3,550 current an

I. INTRODUCTION. This is a putative wage-and-hour class action and PAGA representative action brought by Plaintiff Gloria Reyes ("Plaintiff" or "Reyes"), a former Production Associate who worked on Trim Line B during the second shift (2:00 PM to 10:30 PM) at Defendant Vantage Mobility Systems Corp.'s manufacturing facility located at 11780 Cherry Avenue, Fontana, California 92337 (the "Fontana Plant"). Plaintiff file

II. STATEMENT OF RELEVANT FACTS For purposes of this demurrer, Defendant VMS accepts as true the material facts properly pleaded in the Complaint. The following statement of relevant facts is drawn from the face of the Complaint and from matters subject to judicial notice. A. The Fontana Plant Operations. VMS operates the Fontana Plant for the purpose of manufacturing and modifying specialty vehicles, including wheel

III. LEGAL STANDARD FOR DEMURRER A demurrer tests the legal sufficiency of the factual allegations in a complaint. California Code of Civil Procedure section 430.10, subdivision (e), provides that a party may demur to a complaint on the ground that it "does not state facts sufficient to constitute a cause of action." In ruling on a demurrer, the court treats all material facts properly pleaded as true, but does not a

IV. DEMURRER TO THE SEVENTH CAUSE OF ACTION — PAGA (CAL. LAB. CODE § 2698 ET SEQ.) A. Legal Framework for PAGA Standing. The Private Attorneys General Act of 2004, codified at California Labor Code section 2698 et seq., authorizes an "aggrieved employee" to bring a civil action on behalf of the State of California for the recovery of civil penalties for violations of the Labor Code. (Cal. Lab. Code § 2699(a).) PAGA w

V. DEMURRER TO THE SIXTH CAUSE OF ACTION — UCL (CAL. BUS. & PROF. CODE § 17200) A. Legal Framework for UCL Claims. California's Unfair Competition Law, codified at Business and Professions Code section 17200, prohibits "any unlawful, unfair or fraudulent business act or practice." The UCL establishes three distinct prongs — unlawful, unfair, and fraudulent — each of which provides an independent basis for relief. (Ce

VI. MOTION TO STRIKE CLASS ALLEGATIONS RELATING TO REST BREAK CLAIMS (SECOND CAUSE OF ACTION) A. Legal Standard for Motion to Strike. California Code of Civil Procedure section 435 authorizes a party to move to strike "irrelevant, false, or improper matter" from a pleading. Section 436 provides that the court may, upon motion or at any time in its discretion: (a) strike out any irrelevant, false, or improper matter i

VII. CONCLUSION AND PRAYER FOR RELIEF For the foregoing reasons, Defendant Vantage Mobility Systems Corp. respectfully requests that the Court enter the following orders:

1. Sustain the demurrer to the Seventh Cause of Action (PAGA, Cal. Lab. Code § 2698 et seq.) with leave to amend, limited to those violations for which Plaintiff can establish personal standing under Kim v. Reins International California, Inc., supra, 9 Cal.5th 73, and the 2024 PAGA amendments, and for which Plaintiff can demonstrate adequate pre-suit exhaustion under Labor Code section 2699.3(a). Any amended PAGA cl

2. Sustain the demurrer to the Sixth Cause of Action (UCL, Cal. Bus. & Prof. Code § 17200) without leave to amend, on the grounds that the UCL claim is entirely derivative of the underlying Labor Code causes of action, fails to allege independent factual support for the "unfair" prong, and seeks only duplicative relief. In the alternative, if the Court is inclined to grant leave to amend, Defendant requests that leav

3. Grant the motion to strike the class allegations in the Complaint insofar as they relate to the Second Cause of Action for rest period violations, including but not limited to the class definition language in paragraph 14 (as applied to rest break claims), the commonality and typicality allegations in paragraphs 17 through 22 (as applied to rest break claims), and the class-wide rest break allegations in paragraph

4. Award Defendant its costs incurred in connection with this motion and grant such other and further relief as the Court deems just and proper. Respectfully submitted, CALDERWOOD & HARKNESS LLP Dated: September 11, 2025 CALDERWOOD & HARKNESS LLP By: ________ Renata Vasquez (SBN 247831) 633 West Fifth Street, Suite 4400 Los Angeles, California 90071 Telephone: (213) 629-8400 Facsimile: (213) 629-8401 Attorneys for De

1. I am an attorney duly licensed to practice law in the State of California. I am a member of the State Bar of California, Bar Number 312756, and I am currently in good standing. I am a lead associate at Calderwood & Harkness LLP, counsel of record for Defendant Vantage Mobility Systems Corp. ("VMS" or "Defendant") in the above-captioned action. I have personal knowledge of the facts set forth in this declaration, e

2. I submit this declaration in support of Defendant VMS's Demurrer to Plaintiff's Sixth and Seventh Causes of Action and Motion to Strike Portions of the Complaint, filed concurrently herewith.

3. Attached hereto as Exhibit A is a true and correct copy of the PAGA notice served by Plaintiff Gloria Reyes on the California Labor and Workforce Development Agency ("LWDA") and on Vantage Mobility Systems Corp., dated May 22, 2025. The LWDA assigned this notice case number LWDA-CM-2025-831447. I obtained this copy from VMS's files, where it was maintained in the ordinary course of business following receipt of se

4. Attached hereto as Exhibit B is a true and correct printout of the LWDA's online case record for LWDA Case Number LWDA-CM-2025-831447, reflecting that no investigation was commenced by the LWDA during the sixty-five-day period prescribed by California Labor Code section 2699.3(a)(2)(A). The sixty-five-day period commenced on May 22, 2025, the date the PAGA notice was served, and expired on July 26, 2025. I accesse

5. Attached hereto as Exhibit C are true and correct copies of relevant excerpts of the Complaint filed by Plaintiff Gloria Reyes on August 1, 2025 in the Superior Court of California, County of San Bernardino, Case Number CIVSB-2025-04781. Specifically, Exhibit C includes the following portions of the Complaint: (a) Paragraphs 1 through 13 (general allegations and party identification); (b) Paragraph 14 (proposed cl