Tentative Ruling on Pleading Challenges to FAC
Ott v. Dillavou, Case No. 2019-47793
Sept. 18, 2020, 1:30 p.m., Dept. 72
1. Overview and Procedural Posture.
This case arises out of a workplace dispute. Plaintiff alleges he was employed as a project manager for defendant Countywide Mechanical, which he contends is the alter ego of defendant MMC. In that capacity, plaintiff attended a "job site meeting" in mid-October 2018 in El Cajon. At that meeting, defendant Dillavou, an employee of defendant Swinerton, allegedly "physically grabbed plaintiff, lifted plaintiff out of his chair by grabbing [plaintiff's] armpits and pushed plaintiff while screaming profanity at and in plaintiff's face[.]" Plaintiff alleges he filed a worker's compensation claim after he was attacked by Dillavou, and that Countywide Mechanical/MCC terminated him in retaliation for doing so in an effort to curry favor with Swinerton.
The eleven count complaint was filed in September 2019. Dillavou answered. ROA 17. D
Hearing Date
September 15, 2020
Category
Civil - Unlimited
Type
Wrongful Termination
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Tentative Ruling on Pleading Challenges to FAC
Ott v. Dillavou, Case No. 2019-47793
Sept. 18, 2020, 1:30 p.m., Dept. 72
1. Overview and Procedural Posture.
This case arises out of a workplace dispute. Plaintiff alleges he was employed as a project manager for defendant Countywide Mechanical, which he contends is the alter ego of defendant MMC. In that capacity, plaintiff attended a "job site meeting" in mid-October 2018 in El Cajon. At that meeting, defendant Dillavou, an employee of defendant Swinerton, allegedly "physically grabbed plaintiff, lifted plaintiff out of his chair by grabbing [plaintiff's] armpits and pushed plaintiff while screaming profanity at and in plaintiff's face[.]" Plaintiff alleges he filed a worker's compensation claim after he was attacked by Dillavou, and that Countywide Mechanical/MCC terminated him in retaliation for doing so in an effort to curry favor with Swinerton.
The eleven count complaint was filed in September 2019. Dillavou answered. ROA 17. D