A court can grant a prejudgment remedy application if, taking into account defenses, countervailing claims, set offs, exemptions, and insurance, probable cause exists that judgment will be issued to the applicant. In 2003, the defendant, Hunter's Run Stables Inc., hired the plaintiff, Jose Carias, as a handyman. Carias won a promotion to manager of the stables and was responsible to take care of the horses, cut the grass, take out the trash, clean the stables and repair fences and items that were broken. In 2009, Carias was discharged, and he sued, alleging that he was discharged in discrimination, because he filed a claim for workers' compensation, and that the defendant employer failed to pay overtime wages. Carias filed a request for a prejudgment remedy application, and the court considered whether probable cause exists that Carias will prevail on the merits at trial. The court found that the defendants probably discharged Carias because he did not return on time from a trip to El Salvador, and the defendants were required to hire other employees to perform his work. Probable cause exists that Carias worked 72 hours per week between 2003 and 2009 and that the defendants failed to pay overtime wages of approximately $57,600. The court found it probable that Carias will prove he is entitled to double damages of $115,200 and attorneys' fees and costs of $8,800. The court computed interest at $55,728 and granted Carias a prejudgment remedy attachment against the defendants in the amount of $179,728. Carias is not likely to prevail on his claim of negligent infliction of emotional distress.

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