Judge: Carolyn M. Caietti, Case: 37-2020-00037831-CU-WT-CTL, Date: 2024-03-20 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - February 29, 2024

03/01/2024  10:30:00 AM  C-70 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Carolyn Caietti

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Civil - Unlimited  Wrongful Termination Discovery Hearing 37-2020-00037831-CU-WT-CTL VILLALVA VS BOMBARDIER MASS TRANSIT CORPORATION [IMAGED] CAUSAL DOCUMENT/DATE FILED:

Plaintiffs Mark Villalva and Bobby Jason Yelverton's Motion to Compel Further Responses to Special Interrogatories, Set Two and Request for Sanctions is GRANTED IN PART AND DENIED IN PART.

As relevant here, Plaintiffs' Complaint's fifth cause of action under Labor Code section 2699 alleges: 'The Defendant violated and continues to violate the California Labor Code, section 1102.5 by retaliating against plaintiffs for seeking their wages due. Plaintiffs are informed and believe that defendant has also retaliated against other former employees in violation of Labor Code 1102.5. In addition, defendant continues to violate Labor Code section 512 by not paying for plaintiffs' missed meal periods and other provisions of the Labor Code for not paying their wages due for the restricted 'on call' time that plaintiffs worked. These provisions are listed in California Labor Code § 2699.5. Therefore, Plaintiffs are entitled to the civil penalties of one hundred dollars ($100) per pay period for the initial violations and two hundred dollars ($200) per pay period, for each aggrieved employee for each subsequent violation, pursuant to California Labor Code § 2699.' (Complaint, at ¶ 64 (emphasis added).) The parties' briefing focuses on the part of the claim concerning Labor Code section 1102.5. In the interrogatories at issue, Plaintiffs seek the names of former employees employed in California from June 2016 through the present date who were termination for cause (as defined) (No. 1), their contact information (No. 2) and the reason for their termination (No. 3).

Some of Defendant's objections hold merit. Specifically, the requests seek information not calculated to lead to the discovery of admissible evidence for the time period between June 2016 and March 20, 2019; to other locations outside of San Diego; and to employees terminated for reasons other that what is alleged in this matter, i.e., a violation of Labor Code section 1102.5. Plaintiffs do not reply to these arguments other than the scope of Labor Code section 1102.5. The remaining objections lack merit.

Thus, a further response limited to what is proposed by Defendant is warranted and reasonable. (C.C.P., § 2030.300(a)(3).) In light of the mixed result, Defendant acted with substantial justification in opposing this motion and sanctions are not warranted. (C.C.P., § 2030.300(d).) For these reasons, the motion is GRANTED IN PART AND DENIED IN PART.

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3058153  51 CASE NUMBER: CASE TITLE:  VILLALVA VS BOMBARDIER MASS TRANSIT CORPORATION [IMAGED]  37-2020-00037831-CU-WT-CTL Concluding Orders By March 22, 2024, Defendant Bombardier Mass Transit Corporation is ordered to serve a further response to Special Interrogatories, Set Two, Nos. 1-3 limited to its employees: (i) employed at the San Diego site; (ii) terminated for cause (as defined by Plaintiffs) on or after March 20, 2019; and (iii) who previously engaged in activity protected under Labor Code section 1102.5 (ex. filed a lawsuit, claim with the state or other government agency, or grievance or appeal with their Union) on or after March 20, 2019.

If the tentative ruling is confirmed without modification, the minute order will be the Court's final ruling.

Plaintiffs are ordered to serve written notice of the Court's final ruling by March 5, 2024.

The parties are reminded to comply with Department 70's Policies and Procedures and to provide courtesy copies of all motion paperwork.

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