Judge: Jon R. Takasugi, Case: 19STCV17144, Date: 2022-08-03 Tentative Ruling



Case Number: 19STCV17144    Hearing Date: August 3, 2022    Dept: 17

Superior Court of California

County of Los Angeles

 

DEPARTMENT 17

 

TENTATIVE RULING

 

ESPERANZA ARAGON

                          

         vs.

 

PREMIER MAILING, INC., et al.

 

                                         

 Case No.:   19STCV17144

 

 

 

 

 Hearing Date: August 3, 2022

 

           

The following deficiencies remain with Plaintiff’s default judgment packet:

 

-         Plaintiff argues that personal liability can be imposed against Defendant Arribeno based on an alter-ego theory. Plaintiff has not submitted any evidence which could show alter-ego liability here. Accordingly, Plaintiff is to dismiss Defendant Arribeno from this action.

 

-         Plaintiff has not submitted any evidence that details her efforts to obtain alternative employment, and thus has not corroborated her claim that it took 67 weeks for her to find comparable employment. While Plaintiff’s counsel explains in a memorandum of points and authorities that Plaintiff hand delivered a number of applications during this time, Plaintiff’s declaration makes no mention of this. Plaintiff must include in her declaration the specifics as to what specific jobs she applied to and the estimated dates of those applications. Plaintiff must also state in her declaration whether at any time during this 67 weeks she had any form of employment, or received any form of assistance. If Plaintiff received any form of assistance, Plaintiff must submit caselaw to show that she is entitled to backpay during a time she was receiving assistance.  

 

-         Plaintiff is to submit the additional declarations described in her 5/13 filing