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Employment Law
Constructive Discharge
Wage and Hour

Pedro Castro v. South Bay Rental Inc.

Published: Feb. 16, 2008 | Result Date: Mar. 28, 2007 | Filing Date: Jan. 1, 1900 |

Case number: GIC863210 Bench Decision –  $20,196

Court

San Diego Superior


Attorneys

Plaintiff

Eric J. Palmer

William B. Sullivan
(Sullivan Law Group APC)


Defendant

Edward G. Wong


Facts

Plaintiff Pedro Castro sued defendant South Bay Rental Inc. dba Airport Rental Car and Airport Rent A Car for labor violations arising from his employment as a lot attendant at a car rental agency. The defendant terminated his employment on Feb. 2, 2006.

Contentions

PLAINTIFF'S CONTENTIONS:
The plaintiff contended defendant denied him minimum and overtime wages, as well as meal and rest periods. The defendant did not provide him with pay stubs as required by statute.

DEFENDANT'S CONTENTIONS:
The defendant contended plaintiff was permitted to take breaks and received wages offset by the rent that defendant provided for his apartment. The plaintiff also owed defendant $2,500 for wages advanced to him during his employment. The damages award should be offset by this amount.

Result

Judge John Meyer rendered a bench decision for $20,196 plus $2,020 pre-judgment interest and $46,511 costs.

Other Information

FILING DATE: March 23, 2006.


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