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Photo of Butte County Superior

Court

Butte County Superior

California

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Case Information

Filed 2025-01-02
Status Active
Type (36) Unlimited Wrongful Termination
Docket 49 entries

Parties

Plaintiff Mlakar, Ryan|View Document Stipulation And Order Extending Defendant's Time To Respond To 's Complaint|View Document Defendant's Demurrer To 's Complaint|View Document Defendant's Notice Of Hearing On Defendant's Demurrer To 's Complaint|View Document Declaration Of Jerry Boyadzhyan, Esq In Support Of 's Opposition To Defendant's Demurrer|View Document 's Opposition To Defendant's Demurrer To Complaint|View Document Reply To 's Opposition To Defendant's Demurrer To Plaintiff's Complaint|View Document Ruling On Defendant Rci General Engineering's Demurrer To 's Complaint|View Document 's Case Management Ment|View Document Defendant's Case Management Ment
Defendant Rci General Engineering|View Document Stipulation And Order Extending 's Time To Respond To Plaintiff's Complaint|View Document 's Demurrer To Plaintiff's Complaint|View Document 's Notice Of Hearing On Defendant's Demurrer To Plaintiff's Complaint|View Document 's Memorandum Of Points And Authorities In Support Of Defendant's Demurrer|View Document 's Declaration Of Farah Amjad In Support Of Defendant's Demurrer|View Document 's Request For Judicial Notice|View Document Declaration Of Jerry Boyadzhyan, Esq In Support Of Plaintiff's Opposition To 's Demurrer|View Document Plaintiff's Opposition To 's Demurrer To Complaint|View Document Reply To Plaintiff's Opposition To 's Demurrer To Plaintiff's Complaint|View Document Ruling On Rci General Engineering's Demurrer To Plaintiff's Complaint|View Document 's Answer To Complaint|View Document 's Notice Of Remote Appearance|View Document 's Case Management Statement|View Document 's Order Regarding Remote Appearance
Photo of Hon. Mosbarger Tamara L

Judge

Hon. Mosbarger Tamara L

Butte County (CA)

California

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Lawyers

Docket Entries

  1. Case Management Conference Judicial Officer Benson, Stephen E Hearing Time 10:30 AM Comment Continued from 1/14/2026
  2. Civil Case Cover Sheet View Document Civil Case Cover Sheet
  3. Summons Issued and Filed View Document Summons Issued and Filed
  4. Notice of Assignment and Case Management Conference View Document Notice of Assignment and Case Management Conference Judicial Officer Mosbarger, Tamara L
  5. Proof of Service Served
  6. Cause Of Action Action Negligence File Date
  7. Cause Of Action Action Negligence File Date
  8. Cause Of Action Action Negligence File Date
  9. Cause Of Action Action Intentional Tort File Date
  10. Cause Of Action Action Negligence File Date
  11. Cause Of Action Action Negligence File Date
  12. Cause Of Action Action Intentional Tort File Date
  13. Cause Of Action Action Intentional Tort File Date
  14. Cause Of Action Action Intentional Tort File Date
  15. Proof of Service of Summons Filed View Document Proof of Service of Summons/Complaint
  16. Stipulation and Order View Document Stipulation and Order Extending Defendant's Time to Respond to Plaintiff's Complaint Judicial Officer Mosbarger, Tamara L Comment Stipulation and Order Extending Defendant's Time to Respond to Plaintiff's Complaint
  17. Proof of Mailing View Document Proof of Mailing
  18. Demurrer View Document Defendant's Demurrer to Plaintiff's Complaint Comment Demurrer to Plaintiff's Complaint
  19. Notice of Hearing View Document Defendant's Notice of Hearing on Defendant's Demurrer to Plaintiff's Complaint Comment Notice of Hearing on Defendant's Demurrer to Plaintiff's Complaint
  20. Memorandum of Points and Authorities View Document Defendant's Memorandum of Points and Authorities in Support of Defendant's Demurrer Comment Memorandum of Points and Authorities in Support of Defendant's Demurrer
  21. Declaration View Document Defendant's Declaration of Farah Amjad in Support of Defendant's Demurrer Comment Declaration of Farah Amjad in Support of Defendant's Demurrer
  22. Request for Judicial Notice View Document Defendant's Request for Judicial Notice
  23. Declaration View Document Declaration of Jerry Boyadzhyan, Esq in Support of Plaintiff's Opposition to Defendant's Demurrer Comment Declaration of Jerry Boyadzhyan, Esq in Support of Plaintiff's Opposition to Defendant's Demurrer to Plaintiff's Complaint
  24. Opposition - No Fee View Document Plaintiff's Opposition to Defendant's Demurrer to Complaint Comment Plaintiff Ryan Mlakar's Opposition to Defendant RCI General Engineering's Demurrer to Plaintiff's Operative Complaint; Memorandum of Points and Authorities in Support Thereof
  25. Reply View Document Reply to Plaintiff's Opposition to Defendant's Demurrer to Plaintiff's Complaint Comment Reply to Plaintiff's Opposition to Defendant's Demurrer to Plaintiff's Complaint
  26. Demurrer Original Type Demurrer View Document Defendant's Demurrer to Plaintiff's Complaint View Document Defendant's Notice of Hearing on Defendant's Demurrer to Plaintiff's Complaint View Document Defendant's Memorandum of Points and Authorities in Support of Defendant's Demurrer View Document Defendant's Declaration of Farah Amjad in Support of Defendant's Demurrer View Document Defendant's Request for Judicial Notice View Document Declaration of Jerry Boyadzhyan, Esq in Support of Plaintiff's Opposition to Defendant's Demurrer View Document Plaintiff's Opposition to Defendant's Demurrer to Complaint View Document Reply to Plaintiff's Opposition to Defendant's Demurrer to Plaintiff's Complaint View Document Civil Minutes Judicial Officer Mosbarger, Tamara L Hearing Time 9:00 AM Result Held Comment Defendant's Demurrer to Plaintiff's Complaint Parties Present Plaintiff Retained Counsel: Boyadzhyan, Jirair Jerry Defendant Retained Counsel: Amjad, Farah Retained Counsel: Amjad, Farah
  27. Tentative Ruling Comment Defendant's Request for Judicial Notice is granted. Plaintiff alleges he was paid $38.62 per hour [Complaint at 9]. This is well over the statutory minimum wage at the time and the wage set forth in the applicable Collective Bargaining Agreements ("CBA" herein). Labor Code 1182.12(b)(1)(D)-(F) & (c)(1); 2018-2023 CBA at Supplement No. 1, p. 42; 2022-2027 CBA at 3.01; 2022-2027 CBA at Supplement No. 1, p. 36. Thus, Plaintiff, by his own allegations, fails to state a cause of action for failure to pay minimum wages. Any claim that he was not paid meal or rest breaks (to support this cause of action) is duplicative of the relief sought in the Second, Third and Fourth Causes of Action, and not properly considered here. The Demurrer to the First Cause of Action for Failure to Pay Minimum Wages is sustained without leave to amend. The issue of whether the CBAs "provided equivalent protection" permitting workers to take rest breaks, as well as a "final and binding mechanism for resolving disputes regarding enforcement of the rest period provisions" is a factual finding that is not proper on demurrer. See Bearden v. U.S. Borax, Inc. (2006) 138 Cal.App.4th 429; Bath v. State of California (2024)105 Cal.App.5th 1184; Shaw v. Metro-Goldwyn-Mayer, Inc. (1974) 37 Cal.App.3d 587. The Court finds that Plaintiff has sufficiently stated a cause of action for failure to provide rest periods [Complaint at 10-11, 26-28]. The Demurrer to the Second Cause of Action for Failure to Provide Rest Periods is overruled. Likewise, the issue of whether the CBAs provided the same benefits as enumerated in Labor Code 512(e)(2) is a factual finding that is not proper on demurrer. See Bearden v. U.S. Borax, Inc. (2006) 138 Cal.App.4th 429; Bath v. State of California (2024)105 Cal.App.5th 1184; Shaw v. Metro-Goldwyn-Mayer, Inc. (1974) 37 Cal.App.3d 587. The Court finds that Plaintiff has sufficiently stated a cause of action for failure to provide meal periods [Complaint at 10-11, 29-32]. The Demurrer to the Third Cause of Action for Failure to Provide Meal Periods is overruled. The argument that the Fifth Cause of Action is barred by a one-year statute of limitations is not addressed by Plaintiff in his Opposition, and the Court thus deems that argument unopposed. See Herzberg v. County of Plumas (2005) 133 Cal.App.4th 1, 20 ("Plaintiffs did not oppose the County's demurrer to this portion of their seventh cause of action and have submitted no argument on the issue in their briefs on appeal. Accordingly, we deem plaintiffs to have abandoned the issue."). However, the Court further finds Defendant's arguments to have merit and the Demurrer to the Fifth Cause of Action for Failure to Provide Itemized Wage Statements is sustained without leave to amend. Based upon the Court's overruling of the Demurrer to the Second Cause of Action for Failure to Provide Rest Periods and Third Cause of Action for Failure to Provide Meal Periods, the Demurrer to the Fourth Cause of Action for Failure to Pay Wages and Sixth Cause of Action for Violation of Business and Professions Code 17200 based on their derivative nature, is likewise overruled. The issue of whether Plaintiff has clearly and unmistakably waived the right to litigate his statutory wage and hour claims, as well as the wrongful termination claim in a judicial forum based upon the argument that the applicable CBA, requires the Court to make a factual finding that is not proper on demurrer. The Court finds that Plaintiff has sufficiently stated a cause of action for violation of whistleblower protection pursuant to Labor Code 1102.5 [Complaint at 44-53], retaliation and discrimination in violation of Labor Code 6310 [Complaint at 54-59], and wrongful termination in violation of public policy [Complaint at 60-70]. The Demurrer to the Seventh Cause of Action for Violation of Whistleblower Protection Pursuant to Labor Code 1102.5, Eighth Cause of Action for Retaliation and Discrimination in Violation of Labor Code 6310, and Ninth Cause of Action for Wrongful Termination in Violation of Public Policy is overruled. Finally, Defendant argues that all of Plaintiff's claims should also be dismissed with prejudice based upon his failure to grieve these claims in accordance with the CBA's terms. However, Plaintiff alleges in the Complaint that he "submitted a formal grievance to the union..." [Complaint at 17]. Whether Plaintiff's submission was sufficient is a factual determination not proper on Demurrer and the Demurrer on this basis is overruled. Pursuant to Cal Rules of Court, Rule 3.1320, Defendant RCI General Engineering has ten (10) days to file an answer to the Complaint. Counsel for the Defendant shall submit a revised form of order consistent with this ruling within two weeks.
  28. Case Under Submission for Decision Judicial Officer Mosbarger, Tamara L
  29. Minute Order View Document Civil Minutes
  30. Ruling View Document Ruling on Defendant RCI General Engineering's Demurrer to Plaintiff's Complaint Judicial Officer Mosbarger, Tamara L Comment Ruling on Defendant RCI General Engineering's Demurrer to Plaintiff's Complaint
  31. Proof of Mailing View Document Proof of Mailing
  32. Answer - No Fee View Document Defendant's Answer to Complaint Comment Answer to Complaint
  33. Notice of Remote Appearance View Document Defendant's Notice of Remote Appearance
  34. Jury Deposit - Non Refundable Comment Notice of Posting Jury Fees
  35. Case Management Statement View Document Plaintiff's Case Management Statement
  36. Jury Deposit - Non Refundable
  37. Case Management Statement View Document Defendant's Case Management Statement
  38. Order Regarding Remote Appearance View Document Defendant's Order Regarding Remote Appearance Judicial Officer Mosbarger, Tamara L
  39. Proof of Mailing View Document Proof of Mailing
  40. Case Management Conference Original Type Case Management Conference View Document Complaint View Document Notice of Assignment and Case Management Conference View Document Stipulation and Order Extending Defendant's Time to Respond to Plaintiff's Complaint View Document Defendant's Notice of Remote Appearance View Document Defendant's Order Regarding Remote Appearance View Document Defendant's Answer to Complaint View Document Plaintiff's Case Management Statement View Document Defendant's Case Management Statement View Document Civil Minutes Judicial Officer Mosbarger, Tamara L Hearing Time 10:30 AM Result Held Parties Present Plaintiff Retained Counsel: Manukyan, Edgar Defendant Retained Counsel: LaFountain, Alexandra Kathleen
  41. Minute Order View Document Civil Minutes
  42. Case Management Statement View Document Defendant's Case Management Statement
  43. Case Management Statement View Document Plaintiff's Case Management Statement
  44. Case Management Conference Original Type Case Management Conference View Document Defendant's Case Management Statement View Document Plaintiff's Case Management Statement View Document Civil Minutes Judicial Officer Mosbarger, Tamara L Hearing Time 10:30 AM Result Held Parties Present Plaintiff Retained Counsel: Manukyan, Edgar Defendant Retained Counsel: LaFountain, Alexandra Kathleen
  45. Minute Order View Document Civil Minutes
  46. Case Management Statement View Document Defendant's Case Management Statement
  47. Case Management Statement View Document Plaintiff's Case Management Statement
  48. Case Management Conference Original Type Case Management Conference View Document Defendant's Case Management Statement View Document Plaintiff's Case Management Statement View Document Civil Minutes Judicial Officer Mosbarger, Tamara L Hearing Time 10:30 AM Result Held Comment Continued from 10/8/2025 Parties Present Plaintiff Retained Counsel: Manukyan, Edgar Defendant Retained Counsel: LaFountain, Alexandra Kathleen
  49. Minute Order View Document Civil Minutes

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