Pineda v. Bank of America, N.A.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that “section 203 10 penalties cannot be recovered as restitution under the UCL”
• explaining that that the three-year limitation given in section 203(b) applies for all section 203 claims regardless of whether plaintiff 27 also pleads claims for unpaid wages
• concluding 18 waiting time penalties under § 203 cannot be recovered as restitution
• noting that, unlike unpaid wages 6 which are vested based on the employee performing work, waiting time penalties do not vest until 7 they are awarded by a relevant body and thus, cannot be recovered as restitution
• finding the object of restitution under the UCL is to restore plaintiff to “the status quo ante”
• stating the same with respect to penalties under 3 Labor Code § 203 for failure to timely pay wages

Source: CourtListener parenthetical corpus (CC0).