Tentative ruling issued by Judge Brian C. Walsh on Aug. 07, 2020 in Santa Clara County, CA - Case no: xxxxx614

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On August 7, 2020, Judge Brian C. Walsh of Santa Clara County Superior Court, Department 1, issued the following tentative ruling.

The Reference Case No.: (Subscribe to View) Santa Clara County, California. Hearing Date 08.07.2020.

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This is an action under the Private Attorneys General Act (“PAGA”) by a former employee of defendant Securitas Security Services USA, Inc. (“Securitas” or “SUSA”). The plaintiff, Forrest Chapman Huff (hereinafter, “Huff”), passed away in 2019.

Before the Court is defendant’s motion to dismiss, or, in the alternative, motion for judgment on the pleadings on the ground that the claim asserted in this action does not survive Huff’s death. The motion is opposed by plaintiff’s son, Forrest A. Huff, who has temporarily been appointed special administrator of his estate by the Probate Division. Also before the Court is Forrest A. Huff’s motion to continue the litigation pursuant to Code of Civil Procedure section 377.31, which defendant opposes.

I. Factual and Procedural Background

Securitas provides businesses with on-site security, and plaintiff was employed with the company as a security guard. (Huff v. Securitas Security Services USA, Inc. (2018) 23 Cal.A….....

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