Prachasaisoradej v. Ralphs 9/8/04 CA2/2

State: California

Court: 1st District Court of Appeal 1st District Court of Appeal

Docket No: B165498

Case Date: 09/08/2004

Preview:Filed 9/8/04

CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION TWO EDDY KORKIAT PRACHASAISORADEJ, Plaintiff and Appellant, v. RALPHS GROCERY COMPANY, INC., Defendant and Respondent. (Los Angeles County Super. Ct. No. BC254143) B165498 (c/w B168668)

APPEAL from a judgment and postjudgment order of the Superior Court of Los Angeles County. Wendell J. Mortimer, Jr., Judge. Reversed and remanded.

Kumetz & Glick, Fred Kumetz, Stephen Glick; Law Offices of Ian Herzog, Ian Herzog; Daniels, Fine, Israel & Schonbuch, Paul R. Fine, Scott A. Brooks and Craig S. Momita for Plaintiff and Appellant.

Thelen Reid & Priest, Thomas E. Hill and Robert Spagat for Defendant and Respondent.

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Plaintiff and appellant Eddy Prachasaisoradej appeals from a judgment of dismissal and award of attorney fees following the trial court's sustaining a demurrer without leave to amend in favor of defendant and respondent Ralphs Grocery Company. Appellant alleged, both individually and as an asserted class representative, that Ralphs's bonus calculations violated Business and Professions Code section 17200 and certain Labor Code provisions. The trial court concluded that appellant's claims were preempted by section 301 of the Labor Management Relations Act (29 U.S.C.

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