Judge: Lee W. Tsao, Case: 22NWCV01231, Date: 2023-05-23 Tentative Ruling

Case Number: 22NWCV01231    Hearing Date: May 23, 2023    Dept: C

Defendants apply to continue plaintiff's motions to compel, currently set for May 25, 2023 based on a void default judgment in the underlying case in 21NWCV00797.

Defendant's ex parte application is DENIED.  In the underlying case, Plaintiff obtained a default judgment against Defendant Rudy’s Wholesale Corp. for failure to pay wages and other Labor Code violations.  Defendant filed a Motion to Set Aside Default which is scheduled to be heard on June 8, 2023 in this court.  The court has reviewed the Motion to Set Aside Default.  The thrust of Defendant’s argument is that the amount of damages was excessive.  In this case, Plaintiff alleges Defendants sold their interest in Rudy’s and deposited the proceeds into their personal bank accounts to avoid paying the judgment in the underlying case.  Thus, Defendants could successfully reduce the amount of damages in the underlying case without affecting Plaintiff’s ability to pursue the current case.  Defendant has not demonstrated irreparable harm should the court hear Plaintiff’s motions to compel as scheduled. 

Accordingly, Defendants’ ex parte application to continue Plaintiff’s motions to compel is DENIED.