Preview
Superior Court of California
County of Kern
Bakersfield Department 17
Hearing Date: 07/17/2020 Time: 8:30 AM - 12:00 PM
SCONYERS VS DERREL'S MINI STORAGE, INC.
BCV-20-100006
Honorable: Thomas S. Clark Clerk: Linda K. Hall
Court Reporter: Amy Maier Bailiff: Deputy Sheriff
Interpreter: Language Of:
PARTIES:
Present:
SCONYERS, JAMES Plaintiff, Not Present SARAH STERLING Attorney, Present
SCONYERS, PEGGY Plaintiff, Not Present SARAH STERLING Attorney, Present
DERREL'S MINI STORAGE, INC Defendant, Not RUSCA, CHRISTOPHER Attorney, Present
Present
RIDENOUR, DERREL A. Defendant, Not Present RUSCA, CHRISTOPHER Attorney, Present
Court Call
NATURE OF PROCEEDINGS: DEMURRER
Hearing Start Time:8:56 AM
The above entitled cause came on regularly on this date and time with parties and/or counsel appearing as
reflected above.
Matter argued by counsel and submitted.
The Court makes the following findings and orders:
Defendant's Demurrer to Plaintiff's First Amended Complaint - Overruled in part/Sustained in part.
Defendant Ridenour demurs to plaintiffs' fifth, eighth, ninth, tenth, eleventh, twelfth, thirteenth, fourteenth,
fifteenth, sixteenth, and seventeenth causes of action of plaintiffs' first amended complaint on the grounds that
plaintiff fails to allege sufficient alter ego allegations in order for defendant Ridenour to be personally liable. The
demurrer to these causes of action on this ground is overruled. Alter ego is sufficiently alleged for pleading
purposes.
Both defendants demur to the third cause of action regarding failure to engage in the interactive process because
the pleading does not show that (1) plaintiff James Sconyers initiated in the process by requesting a reasonable
accommodation and (2) that DMI caused the breakdown in the process. The demurrer on this ground is sustained
as to both defendants, with leave to amend. The FAC does not plead sufficient facts to show that a reasonable
accommodation was requested or needed for James to be able to perform essential job requirements.
MINUTES
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SCONYERS VS DERREL'S MINI STORAGE, INC. BCV-20-100006
Both defendants' demur to the eighth cause of action regarding Peggy Sconyers's wrongful termination claim,
arguing Peggy failed to plead sufficient facts to support a wrongful termination claim because the pleadings do not
identify the specific public policy that Defendants' allegedly violated.
However, the argument that plaintiff Peggy
has pleaded sufficient facts to allege that she was terminated because of her association with a co-worker who
suffered from a disability (her husband) has merit. The FAC, 85, specifically pleads Peggy was terminated because
of her association with her disabled husband. The demurrer to this cause of action is overruled.
Both defendants' demur to the ninth cause of action for IIED because the FAC does not plead facts sufficient to
support (1) outrageous conduct - routine job changes are not outrageous, and (2) that Plaintiffs suffered severe
emotional distress. The demurrer to this cause of action is sustained with leave to amend. Plaintiffs each plead
claims for wrongful termination in violation of public policy, which claims survive this demurrer and can serve as
the basis for this IIED claim.
Both defendants' demur to the tenth cause of action for Labor Code violations due to a failure to compensate all
hours worked arguing that any conduct that occurred prior to January 2, 2017 is time barred under CCP section
338 since the statute only permits recovery of conduct occurring within three years prior to filing a complaint. The
opposition cites to Cortez v. Purolator Air Filtration Products Co. (2000) 23 Cal.4th 163 for the position that a four-
year statute applies. The court in Cortez, "reject[ed] defendant's claim that the shorter periods of limitation
applicable to contractual or statutory wage claims govern a UCL action based on failure to pay wages." (Cortez,
supra, at 178-179) However, as pointed out by defendants, the tenth cause of action is not pleaded as a UCL claim.
The demurrer to this cause of action is sustained, with leave to amend to allow plaintiffs an opportunity to plead
around the statute of limitations through. To address this statute of limitations issue, plaintiffs are also given leave
to amend their UCL claim (fifteenth cause of action) as they deem necessary and appropriate.
Both defendants' demur to the eleventh cause of action regarding failure to pay overtime claims because plaintiffs
pleaded no facts showing working hours or that plaintiffs worked overtime. Yet, the FAC alleges that "[t]hroughout
all of 2016, neither of the Plaintiffs received any overtime pay despite working between 4 to 20 hours of overtime
each week. Between January and July of 2017, Plaintiffs' began to receive overtime pay, but in August 2017, DMS
informed Plaintiffs that they would no longer b[e] paying them for any overtime they worked - which generally
averaged between 1 to 4 hours per day." (FAC, 24-25) The demurrer to the eleventh cause of action is overruled.
Plaintiff to file and serve Second Amended Complaint by 08/14/2020.
(See reporter's transcript for full ruling)
Clerk's minutes will be the order of the court.
Further notice waived.
FUTURE HEARINGS:
September 18, 2020 8:15 AM Case Management Conference
Clark, Thomas S.
Bakersfield Department 17
Sheriff, Deputy
MINUTES FINALIZED BY: LINDA HALL ON: 7/17/2020
MINUTES
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SCONYERS VS DERREL'S MINI STORAGE, INC. BCV-20-100006
Preview
Superior Court of California County of Kern Bakersfield Department 17 Hearing Date: 07/17/2020 Time: 8:30 AM - 12:00 PM SCONYERS VS DERREL'S MINI STORAGE, INC. BCV-20-100006 Honorable: Thomas S. Clark Clerk: Linda K. Hall Court Reporter: Amy Maier Bailiff: Deputy Sheriff Interpreter: Language Of: PARTIES: Present: SCONYERS, JAMES Plaintiff, Not Present SARAH STERLING Attorney, Present SCONYERS, PEGGY Plaintiff, Not Present SARAH STERLING Attorney, Present DERREL'S MINI STORAGE, INC Defendant, Not RUSCA, CHRISTOPHER Attorney, Present Present RIDENOUR, DERREL A. Defendant, Not Present RUSCA, CHRISTOPHER Attorney, Present Court Call NATURE OF PROCEEDINGS: DEMURRER Hearing Start Time:8:56 AM The above entitled cause came on regularly on this date and time with parties and/or counsel appearing as reflected above. Matter argued by counsel and submitted. The Court makes the following findings and orders: Defendant's Demurrer to Plaintiff's First Amended Complaint - Overruled in part/Sustained in part. Defendant Ridenour demurs to plaintiffs' fifth, eighth, ninth, tenth, eleventh, twelfth, thirteenth, fourteenth, fifteenth, sixteenth, and seventeenth causes of action of plaintiffs' first amended complaint on the grounds that plaintiff fails to allege sufficient alter ego allegations in order for defendant Ridenour to be personally liable. The demurrer to these causes of action on this ground is overruled. Alter ego is sufficiently alleged for pleading purposes. Both defendants demur to the third cause of action regarding failure to engage in the interactive process because the pleading does not show that (1) plaintiff James Sconyers initiated in the process by requesting a reasonable accommodation and (2) that DMI caused the breakdown in the process. The demurrer on this ground is sustained as to both defendants, with leave to amend. The FAC does not plead sufficient facts to show that a reasonable accommodation was requested or needed for James to be able to perform essential job requirements. MINUTES Page 1 of 1 SCONYERS VS DERREL'S MINI STORAGE, INC. BCV-20-100006 Both defendants' demur to the eighth cause of action regarding Peggy Sconyers's wrongful termination claim, arguing Peggy failed to plead sufficient facts to support a wrongful termination claim because the pleadings do not identify the specific public policy that Defendants' allegedly violated. However, the argument that plaintiff Peggy has pleaded sufficient facts to allege that she was terminated because of her association with a co-worker who suffered from a disability (her husband) has merit. The FAC, 85, specifically pleads Peggy was terminated because of her association with her disabled husband. The demurrer to this cause of action is overruled. Both defendants' demur to the ninth cause of action for IIED because the FAC does not plead facts sufficient to support (1) outrageous conduct - routine job changes are not outrageous, and (2) that Plaintiffs suffered severe emotional distress. The demurrer to this cause of action is sustained with leave to amend. Plaintiffs each plead claims for wrongful termination in violation of public policy, which claims survive this demurrer and can serve as the basis for this IIED claim. Both defendants' demur to the tenth cause of action for Labor Code violations due to a failure to compensate all hours worked arguing that any conduct that occurred prior to January 2, 2017 is time barred under CCP section 338 since the statute only permits recovery of conduct occurring within three years prior to filing a complaint. The opposition cites to Cortez v. Purolator Air Filtration Products Co. (2000) 23 Cal.4th 163 for the position that a four- year statute applies. The court in Cortez, "reject[ed] defendant's claim that the shorter periods of limitation applicable to contractual or statutory wage claims govern a UCL action based on failure to pay wages." (Cortez, supra, at 178-179) However, as pointed out by defendants, the tenth cause of action is not pleaded as a UCL claim. The demurrer to this cause of action is sustained, with leave to amend to allow plaintiffs an opportunity to plead around the statute of limitations through. To address this statute of limitations issue, plaintiffs are also given leave to amend their UCL claim (fifteenth cause of action) as they deem necessary and appropriate. Both defendants' demur to the eleventh cause of action regarding failure to pay overtime claims because plaintiffs pleaded no facts showing working hours or that plaintiffs worked overtime. Yet, the FAC alleges that "[t]hroughout all of 2016, neither of the Plaintiffs received any overtime pay despite working between 4 to 20 hours of overtime each week. Between January and July of 2017, Plaintiffs' began to receive overtime pay, but in August 2017, DMS informed Plaintiffs that they would no longer b[e] paying them for any overtime they worked - which generally averaged between 1 to 4 hours per day." (FAC, 24-25) The demurrer to the eleventh cause of action is overruled. Plaintiff to file and serve Second Amended Complaint by 08/14/2020. (See reporter's transcript for full ruling) Clerk's minutes will be the order of the court. Further notice waived. FUTURE HEARINGS: September 18, 2020 8:15 AM Case Management Conference Clark, Thomas S. Bakersfield Department 17 Sheriff, Deputy MINUTES FINALIZED BY: LINDA HALL ON: 7/17/2020 MINUTES Page 2 of 2 SCONYERS VS DERREL'S MINI STORAGE, INC. BCV-20-100006