Judge: Stephen I. Goorvitch, Case: 20STCV39532, Date: 2024-01-25 Tentative Ruling

Case Number: 20STCV39532    Hearing Date: January 25, 2024    Dept: 39

Bertha Velasquez v. Pretty Fashion, Inc.

Case No. 20STCV39532

Ex Parte Application to Set Aside Default Judgment

            Plaintiff Bertha Velasquez (“Plaintiff”) filed this employment discrimination and wage-and-hour case on October 15, 2020.  Plaintiff obtained default judgment on November 29, 2021.  Now, over two years later, Defendant Francisca Gonzalez (“Defendant”) filed an ex parte application to set aside the default judgment and to recall and quash the writ of execution. 

            Defendant argues that the judgment is void because the complaint alleges damages in the amount of $103,436, and the default judgment imposes joint and several liability in the amount of $281,663.75 (in addition to prejudgment interest, attorneys’ fees, and costs).  Defendant also argues that the judgment is void because it includes a PAGA penalty of $22,500 but does not include the State of California’s share of the penalty.

            The Court agrees with Defendant that the judgment is void.  The complaint asserts claims for discrimination, retaliation, failure to prevent discrimination/retaliation, failure to provide reasonable accommodation, failure to engage in the interactive process, and wrongful termination in violation of public policy.  However, the Court only attributed $35,000 to those claims.  The remaining claims stem from the wage and hour claims and exceed the amounts requested in the complaint.  The judgment also includes a PAGA penalty of Plaintiff but not the State of California. 

            Based upon the foregoing, the Court orders as follows:

            1.         The Court grants Defendant Francisca Gonzalez’s ex parte application.

            2.         The Court vacates the default judgment and recalls and quashes the writ of execution.

            3.         Defendants shall remain in default, as the ex parte application did not seek that relief, and there is no good cause to set aside default at this time.    

4.         Plaintiffs may prepare and submit a new default judgment packet.  Defendant Francisca Gonzalez may file a noticed motion to set aside the default and reinstate the case to the Court’s active docket.  The Court orders the parties to meet-and-confer to discuss these issues before they proceed.

5.         If the parties reach any agreement on how the case shall proceed, they shall file a joint statement on or before February 26, 2024.  If the parties cannot reach any agreement, Plaintiffs shall submit a new default judgment packet on or before February 26, 2024.  The Court will not enter any default judgment before February 26, 2024, which should afford the defendants sufficient time to file any noticed motion to set aside default. 

6.         The Court sets an Order to Show Cause why the Court should not enter default judgment on March 8, 2024, at 8:30 a.m.

7.         Defendant Francisca Gonzalez shall provide notice and file proof of such with the Court.