Judge: Mark E. Windham, Case: 19STCP01321, Date: 2023-08-03 Tentative Ruling

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Case Number: 19STCP01321    Hearing Date: August 3, 2023    Dept: 26

  

Rubio-Agustin v. JS Apparel, Inc., et al.

MOTION TO VACATE DUPLICATE JUDGMENT

(equity)

TENTATIVE RULING:

 

The Labor Commissioner of California’s Motion to Vacate Duplicate Judgment is GRANTED.

 

 

ANALYSIS:

 

On April 15, 2019, the Labor Commissioner of California (“the Labor Commissioner”) filed the instant Application for Entry of Judgment on behalf of Plaintiff Maria Guadalupe Maldonado-Gabriola (“Plaintiff”) against Defendant JS Apparel, Inc. (“Defendant”). It is not clear how Juana Rubio-Agustin’s name came to be in place of Plaintiff’s name in this action. Judgment was entered in favor of Plaintiff on the same date.

 

The Labor Commissioner filed the instant Motion to Vacate Duplicate Judgment on July 6, 2023. No opposition has been filed to date.

 

The Labor Commissioner moves to vacate the judgment in this action on the grounds that it was inadvertently filed as a duplicate application for entry of judgment on behalf of Plaintiff. Judgment was previously entered on Plaintiff’s behalf against Defendant in LASC Case No. 19STCP012019 but the Labor Commissioner inadvertently filed this second application, which the clerk entered. (Motion, Raymond Decl., ¶¶1-2 and Exhs. 1-2.) Nor is this an action on behalf of Juana Rubio-Agustin, in whose favor judgment was entered against Respondent in LASC Case No. 19STCP02730. (Id. at Exh. 3.)

 

Under Code of Civil Procedure section 187, the Court may exercise any suitable process in carrying out its jurisdiction. Accordingly, the duplicate judgment was entered on behalf of Plaintiff in error may be vacated.

 

Conclusion

 

The Labor Commissioner of California’s Motion to Vacate Duplicate Judgment is GRANTED.

 

 

Moving party to give notice.