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McCOY v. SUPERIOR COURT

No. G038589.

68 Cal.Rptr.3d 483 (2007)

157 Cal.App.4th 225

Derrick McCOY, Petitioner, v. The SUPERIOR COURT of Orange County, Respondent; Kimco Staffing Services, Inc., Real Party in Interest.

Court of Appeal of California, Fourth District, Division Three.

November 27, 2007.

Attorney(s) appearing for the Case

Spiro Moss Barness, Los Angeles, and Gregory N. Karasik, for Petitioner.

No appearance for Respondent.

Paul, Hastings, Janofsky & Walker, Stephen L. Berry and Julie D. Schisler, Costa Mesa, for Real Party in Interest.

OPINION

RYLAARSDAM, J.

Petitioner Derrick McCoy (plaintiff) asks us to reverse an order striking portions of his complaint seeking waiting time penalties for late payment of wages as barred by the one-year statute of limitations in Code of Civil Procedure section 340, subdivision (a) (section 340(a)). He argues that, pursuant to Labor Code section 203 (section 203), when an action seeks waiting time penalties only, the statute of limitations is the same...

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