Judge: Christopher K. Lui, Case: 24STCP01596, Date: 2024-09-18 Tentative Ruling

Case Number: 24STCP01596    Hearing Date: September 18, 2024    Dept: 76

            Plaintiff filed a request for entry of judgment following the Findings and Decision of the Director of Industrial relations becoming final.  

            Plaintiff Labor Commissioner, State of California Department of Industrial Relations, Division of Labor Standards Enforcement moves to set aside the judgment tin this matter entered on May 16, 2024 and for dismissal of this action.

TENTATIVE RULING

            Plaintiff Labor Commissioner, State of California Department of Industrial Relations, Division of Labor Standards Enforcement’s motion to set aside the judgment tin this matter entered on May 16, 2024 and for dismissal of this action is GRANTED.

The Judgment was inadvertently requested and entered against Defendant PMK Professional, Inc. despite that it had submitted a deposit for the full amount of the Civil Wage and Penalty Assessment with the Department in accordance with Labor Code § 1742.1 (b ). “Where justice requires it, a party in whose favor a judgment has been rendered is entitled to relief from the judgment as well as the party against whom it is rendered.' " (Citation omitted.)” (Zamora v. Clayborn Contracting Group, Inc. (2002) 28 Cal.4th 249, 255.)