James Ruffin v. Chris O. Kirk, Tamila Kirk, State Wide Towing, and Statewide Towing and Recovery Inc.
Published: May 11, 2013 | Result Date: Mar. 25, 2013 | Filing Date: Jan. 1, 1900 |Case number: CIVDS1015058 Verdict – $68,443
Court
San Bernardino Superior
Attorneys
Plaintiff
Robert J. Spitz
(Law Office of Robert J. Spitz )
Defendant
Dennis G. Popka
(Orrock, Popka, Tucker & Dolen)
Facts
From January 2010 to August 2010, James Ruffin worked for State Wide Towing as a tow truck driver. During that time, Ruffin was allowed to move his trailer and pickup truck onto State Wide's tow yard and Ruffin lived there for $50 per week out of his paycheck.
On Aug. 19, 2010, Ruffin was asked to go on a tow even though he had already worked 10 hours in the last 24 hours. Ruffin claimed that when he informed his employer Chris Kirk that he could not go on the tow based on the amount of hours he had already worked he was fired on the spot. When Ruffin went to the company's office later to get a refund, he claimed the office was hesitant to return his money. Kirk and others then removed his trailer from the tow yard while Ruffin was held down to prevent him from interfering.
Ruffin sued Kirk and State Wide Towing, alleging breach of contract, conversion, assault and battery, forcible entry and detainer, negligent infliction of emotional distress, intentional infliction of emotional distress, and violations of California Vehicle Code. He also alleged that the defendants violated the California Labor Code for unpaid overtime and meal breaks.
Contentions
DEFENDANTS' CONTENTIONS:
The defendants contend that the plaintiff filed 14 causes of action in 2 consolidated actions, one of which was a class action. The class action was never certified and 9 of the causes of action were dismissed by non-suit motions.
Damages
Ruffin sought $39,000 in unpaid overtime wages.
Injuries
Ruffin claimed he suffered bumps and bruises from being held down.
Result
The jury awarded Ruffin $68,443. The defendants intend to appeal.
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