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Lawson v. PPG Architectural Finishes, Inc.

United States District Court for the Central District of California

June 21, 2019, Decided; June 21, 2019, Filed

SACV 18-00705 AG (JPRx)

Opinion

CIVIL MINUTES — GENERAL

Proceedings: [IN CHAMBERS] ORDER REGARDING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT

This is an employment dispute between Plaintiff Wallen Lawson and his former employer, Defendant PPG Architectural Finishes, Inc. Plaintiff asserts the following six claims: (1) retaliation in violation of California Labor Code Section 1102.5; (2) wrongful termination in violation of public policy; (3) unpaid wages in violation of the Fair Labor Standards Act; (4) unpaid wages in violation of California Labor Code Sections 510, 558, and 1194 et seq. and Wage Order No. 7-2001; (5) failure to reimburse business expenses in violation of California Labor Code Section 2802; and (6) violations of California's [*2]  Unfair Competition Law ("UCL"). (See generally Second Amended Compl., Dkt. No. 37.) Defendant now moves for summary judgment. (See generally Mot., Dkt. No. 57-1.)

The Court GRANTS Defendant's motion for summary judgment. The Court will separately sign and file Defendant's proposed judgment.

1. BRIEF BACKGROUND

Defendant "manufactures and sells interior and exterior paints, stains, caulks, repair products, adhesives and sealants for homeowners and professionals." (Mot. at 2.) Defendant sells its products through its own retail stores and through other retailers like The Home Depot, Menards, and Lowe's. (Id.)

In June 2015, Plaintiff began working for Defendant as a Territory Manager ("TM"). (Defendant's Statement of Uncontroverted Facts ("SUF"), Dkt. No. 57-2 at 2.) Plaintiff claims his duties included "merchandizing Olympic paint and other PPG products in Lowe's home improvement stores in Orange and Los Angeles counties" and "ensur[ing] that PPG displays are stocked and in good condition", among other things. (Plaintiff's Statement of Disputed Facts ("SDF"), Dkt. No. 58-1 at 1.)

As a TM, Plaintiff reported directly to a Regional Sales Manager ("RSM"). (Mot. at 2.) During most of the events [*3]  at issue here, Plaintiff reported to RSM Clarence Moore. (Id.) RSM Moore in turn reported to Divisional Manager ("DM") Sean Kacsir. (Id.)

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2019 U.S. Dist. LEXIS 128155 *

WALLEN LAWSON v. PPG ARCHITECTURAL FINISHES, INC.

CORE TERMS

Walk, score, mis-tinting, overtime, pretext, retaliation, summary judgment, reimburse, paint, internet, fails, summary adjudication, terminated, shifts, unpaid wages, reporting, products, genuine, off-the-clock, nonmoving, moving party, adjudicated, declaration, anonymous, summarily, expenses, wrongful termination, business expense, prima facie case, reasonable jury