On April 26, 2023 a
Answer
was filed
involving a dispute between
Salazar, Hector,
and
Barrett Business Services, Inc.,
Bbsi,
Does 1-100, Inclusive,
Weber Distribution, Llc,
Weber Logistics,
for Wrongful Termination Unlimited
in the District Court of San Bernardino County.
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JOHNNIE A. JAMES, CA Bar No. 144091
johnnie.james@ogletree.com
SUPERIOR COURT 0F CALIFOéNIA
ryan.chuman@ogletree.com
NASH, SMOAK &
gTGEIJVEEIIEETEfiDCEAKINS, JUL 2 5 2023
400 South Hope Street, Suite 1200 |
Los Angeles, CA 90071
Telephone: 213-239-9800 \
BY: yI c uebel, Deputy
Facsimile: 213-239-9045
Attorneys for Defendant
WEBER DISTRIBUTION LLC D.B.A. WEBER
LOGISTICS
\DOONO‘x
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF SAN BERNARDINO
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HECTOR SALAZAR, an individual; Case No. CIV SB 2309888
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Plaintiff, DEFENDANT WEBER DISTRIBUTION,
13 LLC D.B.A. WEBER LOGISTICS’
vs. ANSWER TO PLAINTIFF HECTOR
14 SALAZAR’S COMPLAINT
BBSI; WEBER LOGISTICS; and DOES 1-100,
15 INCLUSIVE, [Assigned for all purposes to
The Honorable David E. Driscoll, Dept. 822]
16 Defendants.
17 Action Filed: April 26, 2023
Trial Date: None
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DEFENDANT WEBER DISTRIBUTION, LLC D.B.A. WEBER LOGISTICS’ ANSWER TO PLAINTIFF HECTOR
SALAZAR’S COMPLAINT
Defendant Weber Distribution, LLC d.b.a. Weber Logistics (“Defendant”) hereby answers
the Complaint for Damages (“Complaint”) filed by plaintiff Hector Salazar (“Plaintiff”) as follows:
GENERAL AND SPECIFIC DENIALS
Pursuant to Code of Civil Procedure section 431.30(d), Defendant generally denies each
allegation contained in the Complaint and specifically denies that Plaintiff sustained damages in any
manner or amount at all, by reason 0f any act, breach or omission by Defendant. Without waiving 0r
excusing Plaintiff‘s own burdens of proof and production of evidence, Defendant alleges, as and for
\Omfla
its affirmative defenses to all causes of action purported to be set forth against Defendant in the
Complaint, as follows.
10 FIRST AFFIRMATIVE DEFENSE
11 (Failure to State a Cause 0f Action)
12 The Complaint, and each and every cause 0f action alleged therein fails to state facts
13 sufficient to constitute a cause of action for which relief may be granted.
14 SECOND AFFIRMATIVE DEFENSE
15 (Failure t0 Comply with Contractual Arbitration Agreement)
16 Plaintiff may not pursue the causes of action alleged in the Complaint in this forum or any
17 otherjudicial forum because he entered into an enforceable agreement to arbitrate any claims arising
18 out 0f his employment with his employer in final and binding arbitration.
19 THIRD AFFIRMATIVE DEFENSE
20 (Statute 0f Limitations)
21 The Complaint, and each and every cause of action alleged there in, is barred, in whole 0r in
22 part, by one or more of the applicable statutes of limitations, including, without limitations, Cal.
23 Code Civ. Proc. §§ 337, 338, 339, 340, Cal. Labor Code §§ 203, 2698 et seq., and Cal. Bus. & Prof.
24 Code § 17208.
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DEFENDANT WEBER DISTRIBUTION, LLC D.B.A. WEBER LOGISTICS’ ANSWER TO PLAINTIFF I-ECTOR
SALAZAR’S COWLAINT
Document Filed Date
July 25, 2023
Case Filing Date
April 26, 2023
Category
Wrongful Termination Unlimited
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JOHNNIE A. JAMES, CA Bar No. 144091 johnnie.james@ogletree.com SUPERIOR COURT 0F CALIFOéNIA ryan.chuman@ogletree.com NASH, SMOAK & gTGEIJVEEIIEETEfiDCEAKINS, JUL 2 5 2023 400 South Hope Street, Suite 1200 | Los Angeles, CA 90071 Telephone: 213-239-9800 \ BY: yI c uebel, Deputy Facsimile: 213-239-9045 Attorneys for Defendant WEBER DISTRIBUTION LLC D.B.A. WEBER LOGISTICS \DOONO‘x SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SAN BERNARDINO 10 11 HECTOR SALAZAR, an individual; Case No. CIV SB 2309888 12 Plaintiff, DEFENDANT WEBER DISTRIBUTION, 13 LLC D.B.A. WEBER LOGISTICS’ vs. ANSWER TO PLAINTIFF HECTOR 14 SALAZAR’S COMPLAINT BBSI; WEBER LOGISTICS; and DOES 1-100, 15 INCLUSIVE, [Assigned for all purposes to The Honorable David E. Driscoll, Dept. 822] 16 Defendants. 17 Action Filed: April 26, 2023 Trial Date: None 18 19 20 21 22 23 24 25 26 27 28 1 DEFENDANT WEBER DISTRIBUTION, LLC D.B.A. WEBER LOGISTICS’ ANSWER TO PLAINTIFF HECTOR SALAZAR’S COMPLAINT Defendant Weber Distribution, LLC d.b.a. Weber Logistics (“Defendant”) hereby answers the Complaint for Damages (“Complaint”) filed by plaintiff Hector Salazar (“Plaintiff”) as follows: GENERAL AND SPECIFIC DENIALS Pursuant to Code of Civil Procedure section 431.30(d), Defendant generally denies each allegation contained in the Complaint and specifically denies that Plaintiff sustained damages in any manner or amount at all, by reason 0f any act, breach or omission by Defendant. Without waiving 0r excusing Plaintiff‘s own burdens of proof and production of evidence, Defendant alleges, as and for \Omfla its affirmative defenses to all causes of action purported to be set forth against Defendant in the Complaint, as follows. 10 FIRST AFFIRMATIVE DEFENSE 11 (Failure to State a Cause 0f Action) 12 The Complaint, and each and every cause 0f action alleged therein fails to state facts 13 sufficient to constitute a cause of action for which relief may be granted. 14 SECOND AFFIRMATIVE DEFENSE 15 (Failure t0 Comply with Contractual Arbitration Agreement) 16 Plaintiff may not pursue the causes of action alleged in the Complaint in this forum or any 17 otherjudicial forum because he entered into an enforceable agreement to arbitrate any claims arising 18 out 0f his employment with his employer in final and binding arbitration. 19 THIRD AFFIRMATIVE DEFENSE 20 (Statute 0f Limitations) 21 The Complaint, and each and every cause of action alleged there in, is barred, in whole 0r in 22 part, by one or more of the applicable statutes of limitations, including, without limitations, Cal. 23 Code Civ. Proc. §§ 337, 338, 339, 340, Cal. Labor Code §§ 203, 2698 et seq., and Cal. Bus. & Prof. 24 Code § 17208. 25 /// 26 /// 27 /// 28 /// 2 DEFENDANT WEBER DISTRIBUTION, LLC D.B.A. WEBER LOGISTICS’ ANSWER TO PLAINTIFF I-ECTOR SALAZAR’S COWLAINT