Judge: Jon R. Takasugi, Case: 20STCV31251, Date: 2022-08-25 Tentative Ruling

Case Number: 20STCV31251    Hearing Date: August 25, 2022    Dept: 17

Superior Court of California

County of Los Angeles

DEPARTMENT 17

TENTATIVE

            On 7/14/2022, this Court identified a number of deficiencies with Plaintiff’s default judgment packet. Rather than address any of these deficiencies, Plaintiff filed a new default judgment packet that is identical to the already rejected packet. Default was entered on 4/26/21. After months and months, and court appearance after court appearance of failure to file for default judgment, and rejection and delayed refiling, the Court hereby dismisses this matter pursuant to Gov’t Code §68608(b) and CA Rules of Court rule 3.110(h).

As already identified by this Court, Plaintiff’s default judgment packet suffers from the following deficiencies:

-         The statute of limitations for California wage and hour lawsuits is three years. Plaintiff filed this Complaint on 8/18/2020, and thus is limited to violations that took place from 8/18/2017 to present. Plaintiff currently seeks to recover for violations dating back to 3/1/2017. Plaintiff must adjust her calculations accordingly.

-         Plaintiff must clarify which Defendants she seeks a default judgment against. Plaintiff’s JUD-100 form only lists Defendant THZ Fashion, yet she has other named Defendants in this action. Plaintiff must dismiss all parties against which she does not seek default judgment.

To the extent Plaintiff seeks to impose personal liability against Defendants Lieu and Xu, individual supervisors cannot be held liable for discrimination or retaliation. Accordingly, Plaintiff cannot establish Xu’s personal liability as to those causes of action, and it is unclear on what other basis Plaintiff seeks to impose personal liability on Lieu.. Labor Code violations do not give rise to personal liability. If Plaintiff believes otherwise, Plaintiff must cite supporting caselaw.

-         Plaintiff must submit a memorandum of points and authorities setting forth legal authority for each of her claims.

-         Plaintiff must set forth caselaw and statutory support to justify her calculated lost wages. In particular, Plaintiff must explain why she is entitled to 194 weeks in lost wages when she was employed elsewhere within a number of days.

It is so ordered.

Dated:  August    , 2022

   Hon. Jon R. Takasugi
   Judge of the Superior Court

Parties who intend to submit on this tentative must send an email to the court at smcdept17@lacourt.org by 4 p.m. the day prior as directed by the instructions provided on the court website at www.lacourt.org.  If a party submits on the tentative, the party’s email must include the case number and must identify the party submitting on the tentative.  If all parties to a motion submit, the court will adopt this tentative as the final order.  If the department does not receive an email indicating the parties are submitting on the tentative and there are no appearances at the hearing, the motion may be placed off calendar. 

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