THE PARTY STAFF, INC. VS. QWICK, INC. ET AL

Matter on the Law & Motion / Discovery calendar for Tuesday, August 26, 2025, Line 7 [Part 2 of 2 of the tentative ruling]. DEFENDANTS ARAMARK CORP., GUCKENHEIMER ENTERPRISES, INC., AND GUCKENHEIMER HOLDINGS, LLC'S DEMURRER TO 2ND AMENDED COMPLAINT.

The moving defendants challenge plaintiff the Party Staff's standing. "[S]tanding to sue under the statute, as defined by Business and Professions Code section 17204, is confined to any person who has suffered injury in fact and has lost money or property as a result of unfair competition." (Bower v. AT&T Mobility, LLC (2011) 196 Cal.App.4th 1545, 1554 [citation simplified].) The Party Staff alleges that, as a result of the moving defendants' actions as a joint employer with the other defendants, who engage in misclassification, it has lost the moving defendants' business as a consumer of its staffing service. (SAC para. 34.) This is an injury in fact as a result of the practices challenged in the complaint and on its face is sufficient allegation of standing.

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[End of part 2 of 2 of the tentative ruling]. =(301/CVA) | |