Judge: Kerry Bensinger, Case: 22STCV23490, Date: 2023-12-13 Tentative Ruling

Case Number: 22STCV23490    Hearing Date: December 13, 2023    Dept: 31

Tentative Ruling

Judge Kerry Bensinger, Department 31

HEARING DATE:      December 13, 2023                                     TRIAL DATE:  Not set

CASE:                                Christopher Deloach v. Boondock, Inc.

CASE NO.:                 22STCV23490

MOTION FOR LEAVE TO FILE FIRST AMENDED COMPLAINT

MOVING PARTY:               Plaintiff Christopher Deloach

RESPONDING PARTY:     No opposition

On July 20, 2022, Plaintiff, Christopher Deloach, filed a Complaint against Defendant, Boondock, Inc. dba Texino, for (1) Sexual Harassment and Hostile Work Environment in Violation of FEHA, (2) Unlawful Retaliation in Violation of FEHA, (3) Discrimination Based on Gender and Race in Violation of FEHA, (4) Failure to Prevent Discrimination and Retaliation in Violation of FEHA, (5) Misclassification as an “Independent Contractor”, (6) Violation of Labor Code § 6310, (7) Retaliation in Violation of Labor Code §1102.5, (8) Retaliation in Violation of Labor Code § 98.6, (9) Failure to Pay Earned Wages in Violation of Labor Code § 204, (10) Failure to Timely Pay Final Wages in Violation of Labor Code §§ 201 and 203, and (11) Wrongful Termination in Violation of Public Policy.  

On November 15, 2023, Plaintiff filed this motion for leave to file the First Amended Complaint.  Plaintiff seeks to add individuals as DOE defendants to limited causes of action in the lawsuit.

On December 5, 2023, Plaintiff filed a Reply indicating that Defendant did not intend to oppose the motion.  Moreover, the Reply includes a signed, joint stipulation permitting Plaintiff to add the proposed individual defendants and to file the proposed amended pleading.

Given the agreement between the parties to allow Plaintiff to file the proposed First Amended Complaint, the motion is GRANTED.  The First Amended Complaint is deemed filed on the date of this order.  Plaintiff is further directed to separately file the amended pleading.

Dated:   December 13, 2023