Amin's Oil v. Biswas CA2/8

BACKGROUND

1. Pretrial and Trial Proceedings Plaintiff filed this action for conversion on September 8, 2009, alleging defendant embezzled money while working for plaintiff as a service station cashier, by ringing up false transactions on his personal credit cards, and then voiding those transactions after taking the corresponding amount of cash out of the register. Defendant denied the allegations in his answer and filed a cross-complaint for unpaid overtime wages on October 9, 2009. On September 9, 2009, plaintiff sought a temporary restraining order and preliminary injunction preventing defendant from accessing his bank accounts, which had combined balances of over $128,000. According to the petition for a preliminary

2 injunction, plaintiff discovered the embezzlement after finding defendant’s bank statements showing deposits that appeared to be suspicious given defendant’s earnings. In support of the petition, plaintiff included a number of receipts showing charges made by defendant at the gas station with defendant’s personal credit cards. In opposition, defendant declared he worked over 100 hours per week at $10 per hour, and had saved $270 each week over the course…