Gabel

INTRODUCTION

Plaintiff and appellant Joshua Gabel appeals from a judgment of dismissal entered

after the trial court sustained without leave to amend the demurrers to the third amended

complaint (TAC) brought by defendants and respondents Werner Enterprises, Inc.

(Werner) and Kumho Tire U.S.A., Inc. (Kumho). In 2008 and 2009, Gabel was an

employee of Werner, providing logistical and transportation services to Werner’s

customer, Kumho. After the Kumho project ended, Werner offered Gabel alternative

employment in Pennsylvania which he refused. Werner then terminated Gabel’s

employment on January 30, 2009. Acting as his own lawyer, Gabel made three

unsuccessful attempts to amend his complaint.

Based on our independent review, we conclude Gabel cannot state a cause of

action against defendants. Although he appears to have been poorly treated, most of his

claims are either untimely or subject to an exclusive remedy. His seventh cause of action

is uncertain, ambiguous, and unintelligible. We affirm the judgment.

II

FACTUAL AND PROCEDURAL BACKGROUND

A. The Second Amended Complaint

The original complaint was filed on October 21, 2011. It was a two-page form

complaint…