For Plaintiff Joseph Angel Gaitan [“Plaintiff”]: Gabriela Diaz, Liliuokalani H. Martin Michael Juarez-Munoz
For Homer T Hayward Lumber Company [“HLC”]: Robert J. Wilger, Sarah Jabin
Issue
Defendants Motion for Summary Judgment
RULINGS
For the reasons set out below:
1. Plaintiffs objection that the MSJ was untimely filed is DENIED
2. HLC’s MSJ against Counts #1 and #2 and #3 and #4 are DENIED.
3. HLC’s MSJ as to the Plaintiff’s Punitive Damage Claim is GRANTED.
Acknowledgements
The Court acknowledges and appreciates the professional work done by counsel in the case.[1] The case has been contentious; acrimonious at times.
Background
This case was filed 3/3/23; unverified complaint; Plaintiff alleges causes of action against HLC for retaliation, wrongful termination. Plaintiff seeks all unpaid wages and penalties, attorney’ s fees and cost under the labor code; seeks damages for lost wages, lost future wages, emotional distress, punitive damages, attorneys' fees, and costs. The Complain
Hearing Date
April 24, 2024
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For Plaintiff Joseph Angel Gaitan [“Plaintiff”]: Gabriela Diaz, Liliuokalani H. Martin Michael Juarez-Munoz
For Homer T Hayward Lumber Company [“HLC”]: Robert J. Wilger, Sarah Jabin
Issue
Defendants Motion for Summary Judgment
RULINGS
For the reasons set out below:
1. Plaintiffs objection that the MSJ was untimely filed is DENIED
2. HLC’s MSJ against Counts #1 and #2 and #3 and #4 are DENIED.
3. HLC’s MSJ as to the Plaintiff’s Punitive Damage Claim is GRANTED.
Acknowledgements
The Court acknowledges and appreciates the professional work done by counsel in the case.[1] The case has been contentious; acrimonious at times.
Background
This case was filed 3/3/23; unverified complaint; Plaintiff alleges causes of action against HLC for retaliation, wrongful termination. Plaintiff seeks all unpaid wages and penalties, attorney’ s fees and cost under the labor code; seeks damages for lost wages, lost future wages, emotional distress, punitive damages, attorneys' fees, and costs. The Complain