California Judge Grants TRO Related to COVID-19 Risks at Fast-Food Restaurant

Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Contact

Ogletree, Deakins, Nash, Smoak & Stewart, P.C.

On June 16, 2020, several employees at a McDonald’s franchise in Oakland, California filed a lawsuit against their employer, in a matter entitled Hernandez v. VES McDonald’s (No. RG20064825, Superior Court of California, County of Alameda). The lawsuit consists of five plaintiffs, three of whom are employees who allege that they became sick with COVID-19 while working at the restaurant and “unknowingly” spread the disease to family and other members in their communities. The fourth is the infant son of one of the plaintiffs who allegedly contracted COVID-19 from his mother. The final plaintiff is an employee who worked in the same restaurant. At the time the complaint was filed, he had not yet tested positive for COVID-19 but “fears becoming infected and spreading the disease to others.”

The plaintiffs allege causes of action for public nuisance, unfair and unlawful business practices, and violations of Oakland’s Emergency Paid Sick Leave Ordinance. The Oakland lawsuit comes approximately one month after employees at a Chicago-area McDonald’s filed suit alleging that their employer failed to take measures to keep them safe during the COVID-19 pandemic.

COVID-19 as a “public nuisance” is a novel theory being explored by a number of aggressive plaintiffs’ counsel in California. California Civil Code Section 3480 provides: “A public nuisance is one which affects at the same time an entire community or neighborhood, or any considerable number of persons, although the extent of the annoyance or damage inflicted upon individuals may be unequal.”

On June 22, 2020, Judge Patrick R. McKinney of the Superior Court of California, County of Alameda issued a temporary restraining order (TRO). Pursuant to the TRO, the Oakland franchise will remain closed until July 2, 2020, at which point the court will determine whether a preliminary injunction should be issued. The court ordered that the franchise may reopen and resume operations before July 2, pending approval from the Alameda County Department of Environmental Health.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Ogletree, Deakins, Nash, Smoak & Stewart, P.C. | Attorney Advertising

Written by:

Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Contact
more
less

Ogletree, Deakins, Nash, Smoak & Stewart, P.C. on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide
- hide

This website uses cookies to improve user experience, track anonymous site usage, store authorization tokens and permit sharing on social media networks. By continuing to browse this website you accept the use of cookies. Click here to read more about how we use cookies.