Facts

Kevin Long is President and Chief Operating Officer of Precision Dynamics International. Daniel Ortolivo filed suit against Precision Dynamics and others, including Long, alleging that they misclassified him as an independent contractor when Precision Dynamics contracted with Ortolivio's company, American Automotive Financial Services: Nissan Best Independent Contractor Agreements dated 2018 through 2021.

PLAINTIFF'S CONTENTIONS: Plaintiff contended that because of the independent contractor misclassification, defendants violated Labor Code provisions including failure to pay overtime and failure to provide meal and rest breaks. Plaintiff also alleged that defendant Precision Dynamic discriminated against him. Specifically, plaintiff alleged that defendant Long was ultimately responsible for paying his wages.

DEFENDANT'S CONTENTIONS: Defendant Long contended that plaintiff failed to establish specific jurisdiction over him. Long conducted his duties in Tennessee, has lived in Tennessee since 2008, does not have a residence or own assets in California, has not paid income taxes in California nor has been sued in California until this case. The duties he performed for Precision Dynamics were performed primarily in Tennessee.

Result

The court concluded that plaintiff failed to allege facts to show that the court could exercise specific jurisdiction over defendant Long. It granted plaintiff leave to amend, but plaintiff failed to do so within the time specified by the court.