Tabarrejo

Tabarrejo v. Super. Ct.

Good Law
Court of Appeal of CaliforniaDecember 23, 2014H040377California8,114 words

Opinion

Opinion

Grover, J.

FACTS

PRH, an assisted living facility, employed Manuel Tabarrejo as a caregiver from June 3, 2009, through September 30, 2011. Pursuant to an oral agreement, PRH initially paid Tabarrejo $8 per hour. On April 1, 2010, PRH raised Tabarrejo’s rate of pay to $8.25 per hour. Tabarrejo lived at the assisted living facility during his employment with PRH. He worked an average of 15 hours per day, performing caretaking duties for facility “patients.” Tabarrejo quit his job on September 30, 2011.

2 California Secretary of State records reveal that PRH: (1) incorporated in 1996; (2) was suspended by the Secretary of State in April 1999 for failing to file a statement of information; and (3) was suspended by the Franchise Tax Board in March 2000 for failing “to meet franchise tax requirements (e.g. failure to file a return, pay taxes, etc.).” As of November 2013, PRH’s powers, rights, and privileges remained suspended. The same records list James Morales as the CEO of PRH and Judith Morales as its agent for service of process. James and Judith Morales are the “owners” and “shareholders” of PRH; they did not work at the facility.

PROCEDURAL HISTORY

Tabarrejo’s Complaint Before the Labor…

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