Share: mail

A new hearing in the lawsuit filed by former PCC football coach James Kuk against PCC’s District will be held on July 26 at 8:30 a.m.

A previous hearing was held July 14 and, according to court documents filed on July 14 and 15, next week’s hearing will address several items.

One of those items will be the “demurrer” that the district filed, which formally objects to Kuk’s original lawsuit, filed on Jan. 21.

Furthermore, the hearing set for Jul26 will also address Kuk’s “motion to quash,” which argues against PCC’s claims.

“The facts alleged in [Kuk’s first amended complaint] are adequately plead, with sufficient certainty and substance, to meet the pleading standards of this state and they are not barred by any prior legal action,” states Kuk’s July 14 document.

Kuk’s attorneys John Nam and Michael Anderson of Anderson & Associates could not be reached for comment after several attempts.

The district’s attorney, Stephan Birgel of Walsh & Associates, also could not be reached after several phone calls.

As previously reported, Kuk filed the lawsuit against the district claiming more than $200,000 for failure to immediately pay wages, breach of oral contract, fraud and deceit and negligent misrepresentation as well as “special damages” for an amount that will be determined at trial. The complete original document can be found at pccCourier.com.

According to the lawsuit, Kuk was hired for two football seasons, then was told by the Athletic Director at the time, Beverly Tate, that he would be given a two year contract.

The suit alleges that Tate and Kuk continued with oral communication about the development of the contract until August 2010, when he met with PCC President Mark Rocha under the assumption that the new contract had been drawn up and was ready for approval.

Rocha did not present the contract. Instead, Rocha “informed Coach Kuk that he was being relieved of his duties as Head Football Coach effective immediately,” according to the lawsuit documents.

Later, Kuk met again with Rocha, Tate and the Vice President of Human Relations Lyle Engeldinger along with PCC Faculty Association representatives. Rocha offered Kuk a separation package and letter of recommendation, a gesture Kuk’s defense called a “pittance.”

James Kuk coaches a football game in 2009. (Louis C. Cheung / Courier)

Follow: rssyoutubeinstagrammail

Leave a Reply

This site uses Akismet to reduce spam. Learn how your comment data is processed.