This case was last updated from U.S. District Courts on 01/09/2022 at 08:04:09 (UTC).

King v. Taco Bell Corp. et al

Case Summary

On November 10, 2021, Troy King ("King or Plaintiff'), filed a personal injury lawsuit against Taco Bell Corp, Taco Bell Of America, Inc., Taco Bell Foundation, Inc., Northern California Taco Bell Association, Inc., Taco Bell, Yum!, Yum! Brands, Inc., Yum! Brands, and Does 1 through 10, inclusive (collectively, “Defendants”), seeking damages and civil penalties among other reliefs for alleged negligence and retaliation by the Defendants. This case was filed in the United States District Court in the Northern District of California with Judge Kandis A. Westmore presiding.

 

In the complaint, the Plaintiff alleged that “Plaintiff worked for Postmates as a food delivery driver, picking-up orders and delivering food from the contracted merchant. Plaintiff frequently picked up food orders at Taco Bell for customers who place online food orders through Postmates platform and for himself. Plaintiff would experience long wait times for food orders at the subject location. Plaintiff didn't complain about long waiting times of fifteen to twenty minutes for the food order to staff. Taco Bell's employee would request Plaintiff to reveal the number of items to decide whether she would prepare them.”

 

The Plaintiff also alleged that “On September 23, 2019, Plaintiff video recorded Taco Bell's employees using the machinery for preparing customers' orders being used to cook Taco Bell's employee(s) outside food, which could cause possible cross-contamination. Plaintiff provided video evidence of possible food cross-contamination to Taco Bell's site supervisor Vina (last name unknown). Taco Bell's employee after that would refuse to prepare Plaintiffs' orders and said, "You can complain like last time, 'But they not going do anything. I am a good worker’. Plaintiff would be subject to retaliation and hostile encounters from Taco Bell's employee every time he arrived at Taco Bell for making prior complaints.”

 

The Plaintiff further alleged that “Taco Bell's employee engaged in the acts alleged herein maliciously, fraudulently, and oppressively; with the wrongful intention of injuring Plaintiff; with the conscious disregard of the rights and safety of Plaintiff; and with an improper and evil motive amounting to malice. Plaintiff is entitled to recover punitive damages from Defendants in an amount according to proof.”

 

There are four claims for relief laid down by the Plaintiff. The first claim is for the alleged violation of the Whistleblower Retaliation (Cal. Labor Code 1102.5). The second claim is for the alleged negligent hiring, retention, and supervision. The third claim is for alleged negligent infliction of emotional distress. The fourth claim is for alleged intentional infliction of emotional distress.

 

In the prayer for relief, the Plaintiff requested the Court for general damages, punitive damages, civil penalties pursuant to 1 102.5(±) of the California Labor Code, and any other such relief the Court deems just and proper.

 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    4:21-CV-08748

  • Filing Date:

    11/10/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Other Personal Injury

Judge Details

Presiding Judge

Kandis A. Westmore

 

Party Details

Plaintiff

Troy King

Mesa, AZ 85210

Defendants

Taco Bell Corp.

Taco Bell of America, Inc.

Taco Bell Foundation, Inc.

Northern California Taco Bell Association, Inc.

Taco Bell

Yum!

Yum! Brands, Inc.

Yum! Brands

Attorney/Law Firm Details

Defendant Attorney

David James Koob

Attorney at Donna Law Firm

7601 France Ave Ssuite 350

Minneapolis, MN 55435

 

Court Documents

1 #1

Main Document

1 #1

Civil Cover Sheet

1 #2

Envelope

#2

(#2) MOTION for Leave to Proceed in forma pauperis filed by Troy King. (wsn, COURT STAFF) (Filed on 11/10/2021) (Entered: 11/10/2021)

3 #3

Main Document

3 #1

Standing Order

3 #2

Notice Regarding Resources Available to Pro Se Litigants

#4

(#4) CLERK'S NOTICE Re: Consent or Declination: Plaintiff shall file a consent or declination to proceed before a magistrate judge. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: http://cand.uscourts.gov/civilforms. Set/Reset Deadlines as to Consent/Declination due by 12/10/2021. (wft, COURT STAFF) (Filed on 11/26/2021)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) (Entered: 11/26/2021)

#5

(#5) Mail sent to Troy King returned as undeliverable. Case opening documents. Re-mailed to same address. (wsn, COURT STAFF) (Filed on 12/9/2021) (Entered: 12/10/2021)

#6

(#6) SECOND CLERK'S NOTICE Re: Consent or Declination: Plaintiff shall file a consent or declination to proceed before a magistrate judge. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: http://cand.uscourts.gov/civilforms. Consent/Declination due by 12/27/2021. (wft, COURT STAFF) (Filed on 12/13/2021)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) (Entered: 12/13/2021)

#7

(#7) ORDER GRANTING IN FORMA PAUPERIS APPLICATION #2 ; SCREENING ORDER REVIEWING PLAINTIFFS COMPLAINT by Magistrate Judge Kandis A. Westmore. (wft, COURT STAFF) (Filed on 12/13/2021)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) (Entered: 12/13/2021)

#8

(#8) THIRD CLERK'S NOTICE Re: Consent or Declination: Plaintiff shall file a consent or declination to proceed before a magistrate judge. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: http://cand.uscourts.gov/civilforms. Consent/Declination due by 1/11/2022. (wft, COURT STAFF) (Filed on 12/28/2021)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) (Entered: 12/28/2021)

#9

(#9) CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Taco Bell, Taco Bell Corp., Taco Bell of America, Inc., Yum!, Yum! Brands, Yum! Brands, Inc... (Koob, David) (Filed on 1/5/2022) (Entered: 01/05/2022)

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Docket Entries

  • 01/05/2022
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  • Docket(#9) CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Taco Bell, Taco Bell Corp., Taco Bell of America, Inc., Yum!, Yum! Brands, Yum! Brands, Inc... (Koob, David) (Filed on 1/5/2022) (Entered: 01/05/2022)

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  • 12/28/2021
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  • Docket(#8) THIRD CLERK'S NOTICE Re: Consent or Declination: Plaintiff shall file a consent or declination to proceed before a magistrate judge. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: http://cand.uscourts.gov/civilforms. Consent/Declination due by 1/11/2022. (wft, COURT STAFF) (Filed on 12/28/2021)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) (Entered: 12/28/2021)

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  • 12/13/2021
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  • Docket(#7) ORDER GRANTING IN FORMA PAUPERIS APPLICATION #2 ; SCREENING ORDER REVIEWING PLAINTIFFS COMPLAINT by Magistrate Judge Kandis A. Westmore. (wft, COURT STAFF) (Filed on 12/13/2021)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) (Entered: 12/13/2021)

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  • 12/13/2021
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  • Docket(#6) SECOND CLERK'S NOTICE Re: Consent or Declination: Plaintiff shall file a consent or declination to proceed before a magistrate judge. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: http://cand.uscourts.gov/civilforms. Consent/Declination due by 12/27/2021. (wft, COURT STAFF) (Filed on 12/13/2021)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) (Entered: 12/13/2021)

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  • 12/09/2021
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  • Docket(#5) Mail sent to Troy King returned as undeliverable. Case opening documents. Re-mailed to same address. (wsn, COURT STAFF) (Filed on 12/9/2021) (Entered: 12/10/2021)

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  • 11/26/2021
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  • Docket(#4) CLERK'S NOTICE Re: Consent or Declination: Plaintiff shall file a consent or declination to proceed before a magistrate judge. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: http://cand.uscourts.gov/civilforms. Set/Reset Deadlines as to Consent/Declination due by 12/10/2021. (wft, COURT STAFF) (Filed on 11/26/2021)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) (Entered: 11/26/2021)

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  • 11/10/2021
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  • Docket(#3) Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 2/1/2022. Initial Case Management Conference set for 2/8/2022 at 1:30 PM in Oakland. (Attachments: #1 Standing Order, #2 Notice Regarding Resources Available to Pro Se Litigants)(wsn, COURT STAFF) (Filed on 11/10/2021)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) (Entered: 11/10/2021)

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  • 11/10/2021
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  • Docket(#2) MOTION for Leave to Proceed in forma pauperis filed by Troy King. (wsn, COURT STAFF) (Filed on 11/10/2021) (Entered: 11/10/2021)

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  • 11/10/2021
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  • Docket(#1) COMPLAINT against All Defendants. IFPP. No process. Filed by Troy King. Consent/Declination due by 11/24/2021. (Attachments: #1 Civil Cover Sheet, #2 Envelope)(wsn, COURT STAFF) (Filed on 11/10/2021) (Entered: 11/10/2021)

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