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Plaintiff Alleges Assault by Former Employer During Labor Dispute

NORTHERN CALIFORNIA RECORD

Monday, November 25, 2024

Plaintiff Alleges Assault by Former Employer During Labor Dispute

State Court
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Superior Court of California - County of San Francisco | Official website

A recent court filing reveals a troubling incident involving a labor dispute that escalated into an alleged assault. On November 13, 2024, plaintiff Juan Cobos filed a complaint in the Superior Court of California, County of San Francisco, against Breitling USA, Inc., and Mario Rafael Mejia Valencia. The case centers around an altercation that occurred on June 10, 2024, at the Breitling Boutique in San Francisco.

According to the complaint, Juan Cobos was involved in a labor dispute with Breitling USA when he was allegedly assaulted by Mario Rafael Mejia Valencia, who is identified as a manager or employee of the boutique. Cobos claims that during his participation in union activities outside the store located at 299 Post Street, Valencia sprayed him with pepper spray. The spray reportedly hit Cobos's right shoulder and temple area, causing immediate physical discomfort and requiring medical attention. Paramedics were called to the scene to treat Cobos's injuries which included burning sensations in his eye and skin.

The lawsuit accuses both Breitling USA and Valencia of multiple offenses including assault, battery, negligence, negligent hiring and supervision of employees, and violation of the Ralph Civil Rights Act under California Civil Code § 51.7. The complaint alleges that Breitling failed to properly supervise or train its employees regarding appropriate conduct during labor disputes. It further contends that Valencia acted intentionally and recklessly by using pepper spray against Cobos without provocation.

Cobos seeks compensation for general damages exceeding $35,000 along with special damages for medical expenses incurred due to his injuries. He also demands compensation for loss of income and earning capacity resulting from the incident. Additionally, Cobos requests exemplary damages from Valencia for what he describes as despicable conduct intended to cause harm. The complaint also seeks civil penalties against the defendants amounting to $35,000 along with attorney’s fees and other related costs.

The legal representation for Juan Cobos is provided by R. Boone Callaway from Callaway & Wolf law firm based in San Francisco. The case has been assigned Case ID CGC-24-619719 but no judge has been named yet.

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