This case was last updated from Santa Clara County Superior Courts on 08/08/2019 at 12:32:48 (UTC).

Sweeney v. Tractor Supply Company

Case Summary

On 10/02/2018 Sweeney filed a Labor - Other Labor lawsuit against Tractor Supply Company. This case was filed in Santa Clara County Superior Courts, Downtown Superior Court located in Santa Clara, California. The Judges overseeing this case are Kuhnle, Thomas and Walsh, Brian C. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ******5670

  • Filing Date:

    10/02/2018

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Labor - Other Labor

  • Court:

    Santa Clara County Superior Courts

  • Courthouse:

    Downtown Superior Court

  • County, State:

    Santa Clara, California

Judge Details

Judges

Kuhnle, Thomas

Walsh, Brian C

 

Party Details

Plaintiff

Sweeney, Debra

Defendant

Tractor Supply Company

Not Classified By Court

Superior Court of California

Attorney/Law Firm Details

Plaintiff Attorneys

Rosenthal, Nicholas

Marder, William Lucas

Agnew, Kristen Michelle

Lee, Larry W

Defendant Attorneys

Decker, Christopher William

Khatib, Mazen I

Not Classified By Court Attorney

Superior Court of CA, County of Santa Clara

 

Court Documents

Notice

Notice CMC reset from 6-7-19 to 9-20-19: Comment: CMC reset from 6/7/19 to 9/20/19

Stipulation and Order

Stipulation and Order to Continue CMC: Comment: Stipulation & Order to Continue CMC - signed/BCW

Stipulation and Order

Stipulation and Order to Continue CMC from 3-8-19 to 6-7-19: Comment: Stipulation & Order to Continue CMC from 3/15/19 to 6/7/19 - signed/BCW

Notice

Notice CMC reset from 3-15-19 to 6-7-19: Comment: CMC reset from 3/15/19 to 6/7/19

Stipulation and Order

Stipulation and Order Continue CMC from 1-18-19 to 3-15-19: Comment: Stipulation & Order to Continue CMC from 1/18/19 to 3/15/19 - signed/BCW

Notice

Notice CMC reset from 1-18-19 to 3-15-19: Comment: CMC reset from 1/18/19 to 3/15/19

Proof of Service: Summons DLR (Civil)

Proof of Service of Summons Complaint: Comment: Proof of Service of Summons

Notice

Notice CMC reset from 1-11-19 to 1-18-19: Comment: CMC reset from 1/11/19 to 1/18/19

Notice

Notice of Appearance: Comment: Notice of Appearance

Order: Deeming Case Complex

Order Deeming Case Complex and Staying Discovery and Responsive Pleading Deadline: Comment: Order Deeming Case Complex and Staying Discovery and Responsive Pleading Deadline signed/BCW

Notice: Entry of Order

Notice Entry of Order: Comment: Notice of Order Granting Peremptory Challenge

Order

Order Granting PLTF Peremptory Challenge CCP 170.6 TEK: Comment: Order Granting Plaintiff's Peremptory Challenge pursuant to CCP 170.6 as to Hon. Thomas E. Kuhnle - signed/TEK

Affidavit: Peremptory Challenge CCP 170.6

Pltf Peremptory Challenge CCP 170.6 as to TEK: Comment: Peremptory Challenge Pursuant to CCP 170.6 as to Hon. Thomas E. Kuhnle

Civil Lawsuit Notice

Civil Lawsuit Notice: Comment: 1st CMC set for 1/11/19 at 10am in D5; assigned to Hon. Thomas E. Kuhnle

Summons: Issued/Filed

Summons Issued Filed:

Civil Case Cover Sheet

Civil Case Cover Sheet: Comment: COMPLEX

Complaint (Unlimited) (Fee Applies)

Complaint (Unlimited) (Fee Applies):

5 More Documents Available

 

Docket Entries

  • 09/20/2019
  • Conference: Case Management - Judicial Officer: Walsh, Brian C; Hearing Time: 10:00 AM; Comment: (1st CMC) PAGA * Proposed Class Action. Plaintiff's 170.6 as to TEK filed 10/10/18 and granted 10/16/18. Discovery and responsive pleading deadline stayed, as of 10/18/18, when the case was deemed complex. Awaiting ruling on motion to compel arbitration in related Federal Lawsuit (USDC, Northern District of California, Case No. 5:18-cv-04848 (EJD)).

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  • 05/28/2019
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  • Notice - Notice CMC reset from 6-7-19 to 9-20-19: Comment: CMC reset from 6/7/19 to 9/20/19

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  • 05/28/2019
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  • Stipulation and Order - Stipulation and Order to Continue CMC: Comment: Stipulation & Order to Continue CMC - signed/BCW

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  • 03/08/2019
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  • Stipulation and Order - Stipulation and Order to Continue CMC from 3-8-19 to 6-7-19: Comment: Stipulation & Order to Continue CMC from 3/15/19 to 6/7/19 - signed/BCW

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  • 03/04/2019
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  • Notice - Notice CMC reset from 3-15-19 to 6-7-19: Comment: CMC reset from 3/15/19 to 6/7/19

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  • 01/02/2019
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  • Stipulation and Order - Stipulation and Order Continue CMC from 1-18-19 to 3-15-19: Comment: Stipulation & Order to Continue CMC from 1/18/19 to 3/15/19 - signed/BCW

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  • 12/26/2018
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  • Notice - Notice CMC reset from 1-18-19 to 3-15-19: Comment: CMC reset from 1/18/19 to 3/15/19

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  • 11/01/2018
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  • Proof of Service: Summons DLR (Civil) - Proof of Service of Summons Complaint: Comment: Proof of Service of Summons

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  • 10/30/2018
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  • Notice - Notice CMC reset from 1-11-19 to 1-18-19: Comment: CMC reset from 1/11/19 to 1/18/19

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  • 10/25/2018
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  • Notice - Notice of Appearance: Comment: Notice of Appearance

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  • 10/18/2018
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  • Order: Deeming Case Complex - Order Deeming Case Complex and Staying Discovery and Responsive Pleading Deadline: Comment: Order Deeming Case Complex and Staying Discovery and Responsive Pleading Deadline signed/BCW

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  • 10/18/2018
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  • Notice: Entry of Order - Notice Entry of Order: Comment: Notice of Order Granting Peremptory Challenge

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  • 10/16/2018
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  • Order - Order Granting PLTF Peremptory Challenge CCP 170.6 TEK: Comment: Order Granting Plaintiff's Peremptory Challenge pursuant to CCP 170.6 as to Hon. Thomas E. Kuhnle - signed/TEK

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  • 10/10/2018
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  • Affidavit: Peremptory Challenge CCP 170.6 - Pltf Peremptory Challenge CCP 170.6 as to TEK: Comment: Peremptory Challenge Pursuant to CCP 170.6 as to Hon. Thomas E. Kuhnle

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  • 10/02/2018
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  • Civil Lawsuit Notice - Civil Lawsuit Notice: Comment: 1st CMC set for 1/11/19 at 10am in D5; assigned to Hon. Thomas E. Kuhnle

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  • 10/02/2018
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  • Summons: Issued/Filed - Summons Issued Filed:

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  • 10/02/2018
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  • Civil Case Cover Sheet - Civil Case Cover Sheet: Comment: COMPLEX

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  • 10/02/2018
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  • Complaint (Unlimited) (Fee Applies) - Complaint (Unlimited) (Fee Applies):

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Complaint Information

Larry W. Lee (State Bar No. 228175) Iwlee@diversitylaw.com

Kristen M. Agnew (State Bar No. 247656) kagnew(@diversitylaw.com

Nicholas Rosenthal (State Bar No. 268297) nrosenthal@diversitylaw.com DIVERSITY LAW GROUP, P.C.

515 S. Figueroa St., Suite 1250

Los Angeles, CA 90071

(213) 488-6555

(213) 488-6554 facsimile

William L. Marder (State Bar No. 170131) | bili@polarislawgroup.com

POLARIS LAW GROUP LLP

501 San Benito Street, Suite 200

Hollister, CA 95023 Tel: (831) 531-4214 Fax: (831) 634-0333

E-FILED

10/2/2018 4:43 PM Clerk of Court

Superior Court of CA," County of Santa Clara

18CV335670

Reviewed By: R. Walker

Attorneys for Plaintiff and the Aggrieved Employees

SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SANTA CLARA

DEBRA SWEENEY, as an individual and on behalf of all others similarly situated,

Plaintiffs, Vs. TRACTOR SUPPLY COMPANY, a Delaware corporation; and DOES 1 through 50, inclusive,

Defendants.

CaseNo.. 18CV335670 COMPLAINT FOR DAMAGES FOR:

(1) VIOLATION OF CAL. LABOR CODE § 2698 ET SEQ. DEMAND OVER $25,000.00

Complaint Filed: July 3, 2018 Plaintiff Debra Sweeney (“Plaintiff’) hereby submits this Complaint (“Complaint”) against Defendant Tractor Supply Company (“Defendant) and Does 1 through 50 (hereinafter collectively referred to as “Defendants™) on behalf of herself and the aggrieved current and former employees of Defendants for penalties and/or damages under the Private Attorneys General Act o.f 2004 (the “PAGA™), codified at California Labor Code section 2698, ef seq. for failure to pay overtime wages at the correct rate, failure to provide proper wage statements and failure to pay wages ina timely manner, in violation of the California Labor Code, as follows:

INTRODUCTION

| 1. This representative action is within the Court’s jurisdiction under California Labor Code sections 201-203, 226, 510, 1194 and 2698 et seq.

2. This complaint challenges systemic illegal employment practices resulting in violations of the California Labor Code against individuals who worked for Defendants.

3. Plaintiff is informed and believes, and based thereon alleges, that Defendants, jointly and severally, have acted intentionally and with deliberate indifference and conscious disregard to the rights of all employees in receiving minimum wages and overtime wages for all hours worked, as well as reimbursement of all business expenses.

4, Plaintiff is informed and believes, and based thereon alleges, that Defendants have engaged in, among other things a system of willful violations of the California Labor Code by creating and maintaining policies, practices and customs that knowingly deny employees the above stated rights and benefits.

JURISDICTION AND VENUE

5. The Court has jurisdiction over the violations of the California Labor Code sections 201-203, 226, 510, 1194 and 2698 ef seq.

6. | Venue is proper in Santa' Clara County because Pla;intiff worked at Defendafits’ store located in Gilroy, California, which is located in the County of Santa Clara.

PARTIES

7. On or about April 1, 2017, Plaintiff was hired by Defendants to work as an hourly

non-exempt employee. Plaintiff’s employment ended on or about June 22, 2018. 3. Plaintiff was and is the victim of the policies, practices, and customs of Defendants complained of in this action in ways that have deprived her of the rights guaranteed by California Labor Code sections 201-203, 226, 510, 1194 and 2698 ef seq.

0. Plaintiff is informed and believes, and based thereon alleges, that Tractor Supply Company is a national retailer that sells farm and ranch supplies, livestock and pet products, home improvément tools, sporting goods, and other products. Tractor Supply Company is a Delaware corporation that maintains retail locations throughout the United States, including locations in the State of California.

~10. Plaintiff is informed and believes, and based thereon alleges, that at all times herein mentioned Defendant and Does 1 through 50, are and were corporations, business entities, individuals, and partnerships, licensed to do business and actually doing business in the State of California. As such, and based upon all the facts and circumstances incident to Defendants’ business, Defendants are subject to California Labor Code sections 201-203, 226, 510, 1194 and 2698 et seq.

11. Plaintiff does not know the true names or capacities, whether individual, partner or corporate, of the defendant sued herein as Does 1 through 50, inclusive, and for that reason, said defendants are sued under such fictitious names, and Plaintiff prays for leave to amend this complaint when the true names and capacities are known. Plaintiff is informed and believes and based thereon alleges that each of said fictitious defendants was responsible in some way for the matters alleged herein and proximately caused Pla\intiff and other Aggrieved Employees to be subject to the illegal employment practices, wrongs and injuries complained of herein.

12. At all times herein mentioned, each of said Defendants participated in the doing - of the acts hereinafter alleged to have been done by the named Defendants; and furthermore, the Defendants, and eacfi of them, were the agents; servants and employees <;f each of the other Defendants, as well as the agents of all Defendants, and at all times herein mentioned, were acting within the course and scope of said agency and employment.

13. Plaintiff is informed and believes, and based thereon alleges, that at all timés

material hereto, each of the Defendants named herein was the agent, employee, alter ego and/orpage 3 can't be parsed

pay, and as such overtime wages were calculated incorrectly. As such, Plaintiff and Aggrieved Employees did not receive all overtimes wages owed to them in violation of Labor Code sections 510 and 1194. As a result of this miscalculation, the wage statements provided to Plaintiff and Aggrieved Employees identified an inaccurate overtime pay réte, as well as inaccurate gross and net wages in violation of Labor Code section 226(a). Furthermore, upon separation of employment from Defendant, Plaintiff and other Aggrieved Employees were not paid the overtime wages owed to her in violation of Labor Code sections 201-203.

19, On or about June 25, 2018, Plaintiff sent written notice to the California Labor & Workforce Developrhent Agency (“LWDA”) of Defendants’ violations of Labor Code sections 201-203, 226, 510 and 1194, pursuant to Labor Code section 2698, ef seq. To date, the LWDA has not responded to said Notice.

20. As such, pursuant to Labor Code sectiofi 2699(a), Plaintiff seeks recovery of any and all applicable civil penalties for Defendants’ violation of Labor Code sections 201-203, 226, 510 and 1194 for the time period described above, on behalf of herself and other Aggrieved Employees.

| PRAYER FOR RELIEF

WHEREFORE, Plaintiff prays for judgment individually and all others on whose behalf this suit is brought against Defendants, jointly and severally, as follows:

1. Upon the First Cause of Action, for penalties pursuant to California Labor Code section 2698, ef seq., and for costs and attorneys’ fees; and

2. “For such other and further relief the Court may deem just and proper.

DATED: October 2, 2018 AW GROUP, P.C.

Larry W. Lee Kristen M. Agnew - INicholas Rosenthal Attorne?‘s\ffi - Plaintiff and the Aggrieved

Employees