Judge: Gary Y. Tanaka, Case: 22TRCV00125, Date: 2022-11-21 Tentative Ruling

Case Number: 22TRCV00125    Hearing Date: November 21, 2022    Dept: B

PROCEEDINGS

Paulina Sanchez v. Volt Management Corp, et al.

22TRCV00125

1.      Paulina Sanchez’s Motion to Correct Filing Date of Complaint      

TENTATIVE RULING

            Paulina Sanchez’s Motion to Correct Filing Date of Complaint is granted.  

Background

Plaintiff submitted the Complaint for filing on February 14, 2022. Plaintiff’s representative wage and hour action is brought under the Private Attorney Generals Act (“PAGA”). (Cal. Labor Code §2698 et. seq.)  Plaintiff alleges that she and other similarly situated non-exempt employees are aggrieved employees of Defendants. The employees suffered various violations of California’s wage and hour laws.

Motion to Correct Filing Date

Plaintiff has adequately demonstrated that the Complaint was submitted for filing on February 14, 2022, and the Complaint should be deemed filed as of that date.  (Decl., Melisa Flores, ¶¶ 2-7.)  “If the clerk endorses an incorrect date on a filed paper, the court can order it corrected.”  Carlson v. State of California Department of Fish & Game (1998) 68 Cal.App.4th 1268, 1281.

The motion is therefore granted. The Complaint is deemed filed on February 14, 2022.

Plaintiff is ordered to give notice of the ruling.