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Coastal Foods failed to relieve its crew for compliant meal periods. Plaintiff’s supervisor testified that breaks were routinely cut to about eighteen minutes during peak shifts, and the company’s own time records show at least fourteen short or missed breaks. On summary judgment, Defendant bears the initial burden of showing Plaintiff cannot establish a violation. And Brinker requires the employer to ensure employees take their breaks.
The Court held the employer’s duty is to provide a meal period, relieving employees of all duty, not to ensure breaks are taken (at 1040).
StrengthThe deposition and time-record evidence raise a clear triable issue on the meal-break claim.
WeaknessThe “ensure” framing of Brinker invites a reply that guts the argument. Fix before filing.
TightenTie each disputed fact to the separate statement (Code Civ. Proc. § 437c(b)).
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…whether in the management of his property he has acted as a reasonable person in view of the probability of injury to others…
✓ Quoted from the opinionRowland, at 119
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Plaintiff’s supervisor testified that breaks were routinely cut to about eighteen minutes during peak shifts, and fourteen shifts show a short or missed break. Repairs to the line cost $42,000.
The repair figure isn’t tied to any exhibit, so it needs support before this goes out.
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Coastal Foods failed to relieve its crew for compliant meal periods, and the deposition and the time records raise a triable issue on every element of the claim.
County of Los Angeles
Plaintiff,
v.
COASTAL FOODS, INC.,
Defendant.
OPPOSITION TO MOTION
FOR SUMMARY JUDGMENT
Coastal Foods failed to relieve its crew for compliant meal periods, and the deposition and the time records raise a triable issue on every element of the claim.
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Verified, flagged, or unchecked.
Every citation ends in one of three states, and the draft tells you which one — including the citations that nothing was able to check.
II.A · No compliant meal periods
Plaintiff’s supervisor testified that ✓ Ortega Dep. 42:7 during peak shifts. And ⚠ Misconstrued. The rule is stated the same way in ◐ Not checked.
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