Dept. F-47

Date: 8/14/20

Case #19CHCV00325

MOTION FOR UNDERTAKING

Motion filed on 3/4/20.

MOVING PARTY: Defendant Casta Construction, Inc.

RESPONDING PARTY: Plaintiff Edgar Prado

NOTICE: ok

RELIEF REQUESTED: An order requiring an undertaking to secure an award of costs and attorneys’ fees in the amount of $54,300.00 pursuant to CCP 1030.

RULING: The motion is denied without prejudice.

This action arises out of Plaintiff’s employment with Defendant. Plaintiff’s complaint contains several causes of action for alleged Labor Code violations, including wrongful termination, violation of the whistleblower statute, wage and hour violations, etc. Defendant now moves to require Plaintiff to file an undertaking in the amount of $54,300.00 to secure an award of costs and attorneys’ fees pursuant to CCP 1030.

When a plaintiff resides out of state, the defendant may move for an order requiring the plaintiff to file an undertaking to secure an award of costs and attorneys’ fees which may