United States District Court, S.D. California
FINDINGS OF FACT AND CONCLUSIONS OF LAW
Cynthia Bashant, United States District Judge
August 31, 2016, Plaintiff Allyson Reynante
(“Plaintiff”) filed a Complaint against
Defendants Seaside Integrative Medical Center, Inc.
(“Seaside”), Steven Williamson, and Linette
Williamson, which alleged violations of the Uniformed
Services Employment and Reemployment Rights Act
(“USERRA”), 38 U.S.C. §§4301-4335 and
the California Military and Veteran's Code, §394.
(ECF No. 1 Complaint.) Proceeding pro se in this
action, Defendants Steven and Linette Williamson answered the
Complaint. (ECF Nos. 6, 13.)
matter was set for a bench trial, which took place on April
3, 2018. The Court heard and took evidence presented at
trial. Based upon the stipulations of fact by the parties,
the testimony and exhibits received into evidence at trial,
and after full consideration of the arguments presented by
the parties, the Court issues the following findings of fact
and conclusions of law pursuant to Rule 52(a) of the Federal
Rules of Civil Procedure.
STIPULATIONS OF FACT AND LAW
jurisdiction of this court is founded on federal question
jurisdiction, 28 U.S.C. §1331, as conferred by 38 U.S.C.
§4323(b)(3), and jurisdiction as to the remaining Counts
is conferred by 28 U.S.C. §1367(a).
Venue is proper because Seaside Integrative Medical Center,
Inc. (“Seaside”) maintains a place of business in
this district, as provided in 38 U.S.C §4323(c)(2), 28
Plaintiff, Allyson Reynante, is a citizen of the United
States and a resident of the State of Virginia.
Plaintiff was a Specialist (paygrade E-4) in the Washington
Army National Guard.
all relevant times, Plaintiff was a qualified employee and
member of the uniformed services for purposes of 38 U.S.C.
§§4303(3), (9), and (16).
Seaside is a corporation organized under the laws of the
State of California. Seaside's principal place of
business is Encinitas, California. At all relevant times,
Seaside was and is an employer for purposes of 38 U.S.C.
§4303(4)(A) and §4323(i).
Defendant Steven Williamson is an individual who at all times
relevant herein was a resident of the County of San Diego,
State of California. At all relevant times, Steven Williamson
was and is an owner, officer, or director of Defendant
Seaside. At all relevant times, Steven Williamson was and is
an employer for purposes of 38 U.S.C. §4303(4)(A) and
Defendant Linette Williamson is an individual who at all
times relevant herein was a resident of the County of San
Diego, State of California. At all relevant times, Linette
Williamson was and is an owner, officer, or director of
Defendant Seaside. At all relevant times, Linette Williamson
was and is an employer for purposes of 38 U.S.C.
§4303(4)(A) and §4323(i).
Plaintiff first came into contact with Defendants Steven and
Linette Williamson when she applied in July 2015 for a
position as a medical assistant with Coast Medical Center,
Coast was a California corporation that was owned by
Defendants Steven and Linette Williamson, was incorporated in
November 2000 and was dissolved in or about August 2015.
Plaintiff notified Defendants Steven and Linette Williamson
of her ongoing military service obligations prior to being
hired in July 2015.
Shortly after beginning work with Coast, Plaintiff signed an
IRS form W-4.
August 7, 2015, Steven Williamson held a meeting at Coast
with the staff, to include Plaintiff, and explained that due
to an ongoing lawsuit from a former employee, that Coast
would likely declare bankruptcy and might close the business.
August 10, 2015, Brenda Kough, Coast's office manager,
informed Plaintiff that she would no longer be employed by
Coast due to the ongoing litigation. Ms. Kough, Steven and
Linette Williamson asked Plaintiff if she would return to
work with them after the situation had resolved. Plaintiff
replied affirmatively that she would return to work.
August 13, 2015, Defendant Steven Williamson left a voicemail
for Plaintiff asking if she could fill in at Coast for one
day for another employee who was out sick.
August 14, 2015, Plaintiff worked one day for Coast and was