Judge: Melvin D. Sandvig, Case: 23CHCV01151, Date: 2024-05-01 Tentative Ruling

Case Number: 23CHCV01151    Hearing Date: May 1, 2024    Dept: F47

Dept. F47

Date: 5/1/24

Case #23CHCV01151

MOTION TO AMEND JUDGMENT

Motion filed on 11/17/23.

MOVING PARTY: Plaintiff Gary Grant

RESPONDING PARTY: Non-Party McFarlane Girls, Inc.

RELIEF REQUESTED: An order amending the Default Judgment entered on 7/25/23 to add McFarlane Girls, Inc. as an alter ego judgment debtor pursuant to CCP 187.

RULING: The motion is placed off calendar. 

On 4/20/23, Plaintiff Gary Grant (Plaintiff) filed this action against Defendant One876 Caribbean Restaurant, LLC (Defendant) for: (1) Failure to Provide Required Meal Periods (Labor Code 226.7, 510, 512, 1194, 1197; IWC Wage Orders); (2) Failure to Provide Required Rest Periods (Labor Code 226.7, 512; IWC Wage Orders); (3) Failure to Pay Overtime Wages (Labor Code 510, 1194, 1198; IWC Wage Orders); (4) Failure to Pay Minimum Wages (Labor Code 1194, 1197; IWC Wage Orders); (5) Failure to Timely Pay Wages During Employment (Labor Code 204); (6) Failure to Pay All Wages Due to Discharged and Quitting Employees (Labor Code 201, 202, 203); (7) Failure to Maintain Required Records (Labor Code 226, 1174; IWC Wage Orders); (8) Failure to Furnish Accurate, Itemized Wage Statements (Labor Code 226; IWC Wage Orders) and (9) Unfair and Unlawful Business Practices. 

After Defendant failed to respond to the complaint, default was entered against Defendant on 6/14/23.  Thereafter, on 7/25/23, the Court entered default judgment in favor of Plaintiff and against Defendant in the amount of $26,371.85.

Plaintiff contends that Defendant misled Plaintiff to believe he was employed by Defendant when Plaintiff was actually employed by McFarlane Girls, Inc.  Plaintiff contends that during his workers compensation filing against Defendant after the default judgment, he discovered that Defendant was a mere shell to cover up McFarlane Girls, Inc. (the Alter Ego Entity) which Plaintiff claims holds the assets and liabilities for the business that employed Plaintiff.  (Idrees Decl.).

Plaintiff contends that there was no active entity that existed at the inception of Plaintiff’s employment.  Rather, Defendant, while bearing the same name as the restaurant Plaintiff was employed in, did not exist as an entity until 11/3/21, which occurred after Plaintiff was already employed.  (Idrees Decl. ¶4, Ex.B).  Plaintiff contends the Alter Ego Entity was not registered as an active entity with the California Secretary of State until filing the first Statement of Information on 12/22/22.  (Id. ¶5, Ex.C).

Plaintiff notes that Defendant and Alter Ego Entity both have their principal and mailing address registered to 20869 Lassen Street, Chatsworth, CA 91311 – the address where One876 Caribbean Restaurant operates.  (Id. ¶6).  Additionally, the owner of both Alter Ego Entity and Defendant, Trudy Gray, is also listed as the agent for service of process under both Alter Ego Entity and Defendant.  Id.  Defendant and Alter Ego Entity are both listed as a “Restaurant” business.  (Id.

¶7, Ex.D).  Public records also show Alter Ego Entity is recognized as the entity that operates One876 Caribbean Restaurant and have their business phone number registered as (818) 678-9252, which is the phone number for store operations of One876 Caribbean Restaurant. (Id. ¶8, Ex.E).

On 11/17/23, Plaintiff filed the instant motion seeking an order amending the Default Judgment entered on 7/25/23 to add McFarlane Girls, Inc. as an alter ego judgment debtor pursuant to CCP 187.    

The proof of service attached to the motion indicates that it was served by U.S. mail on Trudy Gray c/o One876 Caribbean Restaurant, LLC & McFarlane Girls, Inc. at 20869 Lassen Street, Los Angeles, CA 91311.  McFarlane Girls, Inc./Alter Ego Entity has not appeared in the action.  Since there is no opposition or other response to the motion, the motion must be personally served on McFarlane Girls, Inc./Alter Ego Entity to ensure it had proper notice and opportunity to be heard.