Judge: Malcolm Mackey, Case: 21STCV26958, Date: 2023-05-04 Tentative Ruling

Case Number: 21STCV26958    Hearing Date: May 4, 2023    Dept: 55

ANGEL YINGLI CHANG v. LAIYING SHANG                                    21STCV26958 

Hearing Date:  5/4/23,  Dept. 55

#8:   MOTION TO COMPEL DEFENDANT LAIYING SHANG’S ATTENDANCE AT DEPOSITION AND FOR MONETARY SANCTIONS OF $4,535.65.

Notice:  Okay

No Opposition

MP:  Plaintiff

RP:  

Summary

On 7/22/21, Plaintiff filed a Complaint alleging that her former employer failed to pay all wages, overtime, and those due at time of separation/termination, and provide meal & rest periods and accurate wage statements.

The causes of action are:

1. FAILURE TO PAY WAGES [VIOLATION OF LABOR CODE §1194]

2. FAILURE TO PAY WAGES AT TIME OF TERMINATION/SEPARATION [VIOLATION OF LABOR CODE §§201-203]

3. FAILURE TO PAY OVERTIME WAGES [VIOLATION OF LABOR CODE §510]

4. FAILURE TO PROVIDE MEAL AND REST PERIODS [VIOLATION OF LABOR CODE §226.7]

5. FAILURE TO PROVIDE ACCURATE AND COMPLETE WAGE STATEMENTS [VIOLATION OF LABOR CODE §226]

6. UNFAIR AND FRAUDULENT BUSINESS PRACTICES [VIOLATION OF BUS & PROF CODE §17200]

7. FALSE IMPRISONMENT.

On 3/28/23, Defendant LAIYING SHANG filed a Notice Of Bankruptcy Discharge.

MP Positions

Moving party requests an order compelling Defendant LAIYING SHANG to appear for deposition and provide testimony and produce documents, and imposing sanctions ($3,210.00), on grounds including the following:

·         Defendant LAIYING SHANG failed to appear on March 29, 2023 for a noticed, continued deposition.

·         The continued deposition is necessary in the discovery of relevant and admissible evidence concerning Defendant LAIYING SHANG’s violations of the Labor Code..

·

Tentative Ruling

The motion hearing is continued to 6/6/23, at 8:30 a.m. in Department 55.

Before that date, moving party shall serve and file a brief on the issue whether the deponent’s notice of bankruptcy discharge has any effect on pursuing the deposition.  “A discharge order under the Bankruptcy Code: extinguishes the debtor's personal liability with respect to his creditor's claims; voids any judgment to the extent of the debtor's personal liability for a discharged debt; and enjoins the commencement or continuation of civil suits against the debtor personally to recover any discharged debt.”  Hurley v. Bredehorn (1996) 44 Cal. App. 4th 1700, 1703.