This case was last updated from Kern County Superior Courts on 03/30/2020 at 19:56:42 (UTC).

ESPARZA VS KS INDUSTRIES

Case Summary

On 02/20/2015 ESPARZA filed a Labor - Other Labor lawsuit against KS INDUSTRIES. This case was filed in Kern County Superior Courts, Metropolitan Branch located in Kern, California. The Judges overseeing this case are Brumfield, Lorna H. and Clark, Thomas S.. The case status is Pending - Appeal.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *********4188

  • Filing Date:

    02/20/2015

  • Case Status:

    Pending - Appeal

  • Case Type:

    Labor - Other Labor

  • Court:

    Kern County Superior Courts

  • Courthouse:

    Metropolitan Branch

  • County, State:

    Kern, California

Judge Details

Judges

Brumfield, Lorna H.

Clark, Thomas S.

 

Party Details

Plaintiffs

ESPARZA, RICHARD

AND OTHER CURRENT AND FORMER AGGRIEVED EMPLOYEES

Defendant

KS INDUSTRIES, L.P.

Not Classified By Court

Fifth District Court of Appeal

Attorney/Law Firm Details

Plaintiff Attorney

HAN, DOUGLAS

Attorney at JUSTICE LAW CORP

410 Arden Ave #206

Glendale, CA 91203

Defendant Attorneys

SIMON, JOSHUA GREGORY

SODERSTROM, JAMIN S.

EGLEY, JOHN T

 

Court Documents

Ruling

Ruling 02/15/2018: Judicial Officer: Clark, Thomas S.; Hearing Time: 01:30 PM; Result: Ruling

Electronic Rejection Notice

Electronic Rejection Notice: Comment: To: Douglas Han Document: Second Amended Complaint Must comply with California Rules of Court, Rule 3.350(d) and resubmit your pleading.

Further Case Management Conference

Further Case Management Conference 12/05/2017: Judicial Officer: Clark, Thomas S.; Hearing Time: 8:15 AM; Result: Held; Comment: continued from 08/07/2017

Electronic Rejection Notice

Electronic Rejection Notice: Comment: STIPULATION; PLEASE INCLUDE NEW RESERVATION ID NUMBER FOR MOTION TO STAY TO RESUBMIT

Motion to Stay (Pre-Disposition)

**MO -motion to stay Public: Judicial Officer: Brumfield, Lorna H.; Hearing Time: 8:30 AM; Result: Held; Comment: AS TO BCV-16-100776 (cont'd from 08/04/2016) 6/3/2016 Defendant, KS INDUSTRIES, LP Motion to Compel Arbitration and Stay Proceedings and impose monetary sanctions against Plaintiff an his Counsel, Jointly and Serverally, in the Amount of $8,675.00

Further Case Management Conference

**MO - Public further cmc: Judicial Officer: Brumfield, Lorna H.; Hearing Time: 8:15 AM; Result: Held; Comment: under appeal

Further Case Management Conference

**MO - Public cmc: Judicial Officer: Brumfield, Lorna H.; Hearing Time: 8:15 AM; Result: Held; Comment: CONT'D FROM 10/02/15

Case Management Conference

Minute Order-Case Management Conference 10/2/15: Judicial Officer: Brumfield, Lorna H.; Hearing Time: 8:15 AM; Result: Continued - Party's Motion Hearing; Parties Present Plaintiff; Attorney: HAN, DOUGLAS; Plaintiff; Attorney: HAN, DOUGLAS

Motion to Compel

motion MO: Judicial Officer: Brumfield, Lorna H.; Hearing Time: 8:30 AM; Result: Held; Comment: 7/15/15 To Compel Arbitration and Stay Proceedings

Case Management Conference

Motion to Compel 04/11/2018: Judicial Officer: Clark, Thomas S.; Hearing Time: 8:15 AM; Result: Held

Ruling

Ruling 03/16/2018: Judicial Officer: Clark, Thomas S.; Hearing Time: 09:30 AM; Result: Ruling

Ruling

Ruling 03/12/2018: Judicial Officer: Clark, Thomas S.; Hearing Time: 03:30 PM; Result: Ruling

Electronic Rejection Notice

Electronic Rejection Notice: Comment: To: Douglas Han Document: Second Amended Complaint Must comply with California Rules of Court, Rule 3.350(d). Must have leave of court.

Further Case Management Conference

Amended Motion to Stay (Pre-Disposition) 08/07/2017: Judicial Officer: Clark, Thomas S.; Hearing Time: 8:15 AM; Result: Held; Comment: CONT'D FROM 09/29/16 THERE IS A RELATED CASE ******UNDER APPEAL******; Parties Present Plaintiff; Attorney: HAN, DOUGLAS; Plaintiff; Attorney: HAN, DOUGLAS; Defendant; Attorney: EGLEY, JOHN T

Motion to Consolidate

Motion to Consolidate 11/01/2016: Judicial Officer: Brumfield, Lorna H.; Hearing Time: 8:30 AM; Result: Held; Comment: BCV16100776 & BCV16101030 9/28/16 Defendants, KS INDUSTRIES, LP Motion to Consolidate ResID: 18077

Further Case Management Conference

MO: Further Case Management Conference 09/29/2016: Judicial Officer: Brumfield, Lorna H.; Hearing Time: 8:15 AM; Result: Continued - Party's Motion Hearing; Comment: THERE IS A RELATED CASE. ****UNDER APPEAL****

Motion to Consolidate

Motion to Consolidate 09/26/2016: Judicial Officer: Brumfield, Lorna H.; Hearing Time: 8:30 AM; Result: Held; Comment: 8/15/16 Defendant, KS INDUSTRIES, L.P. Motion to Conslidate W/BCV16101030 ResID: 17710; Parties Present Defendant; Attorney: SIMON, JOSHUA GREGORY

Ruling

RULING: Judicial Officer: Brumfield, Lorna H.; Hearing Time: 08:30 AM; Result: Held

13 More Documents Available

 

Docket Entries

  • 06/03/2020
  • View Court Documents
  • DocketCase Status Conference - Case Status Conference 10/11/2018: Judicial Officer: Clark, Thomas S.; Hearing Time: 8:15 AM; Comment: STAY REMAINS IN EFFECT

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  • 12/03/2019
  • DocketStipulation and Order - Judicial Officer: Clark, Thomas S.; Comment: to Continue Case Management Conference FOR GOOD CAUSE APPEARING, the Court hereby continues the Status Conference currently set for December 11, 2019, at 8: 15 a.m., to 06/03/2020 at 8:15 a.m. IT IS SO ORDERED.

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  • 12/02/2019
  • View Court Documents
  • DocketElectronic Rejection Notice - Electronic Rejection Notice: Comment: Stipulation does not list all consolidated case numbers. Please correct listing lead case number and all Consolidated case numbers and reseubmit.

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  • 07/09/2019
  • DocketWithdrawal From Trust Fund - Comment: Processed trust refund for $435 to John T Egley (Call & Jensen). Completed on 07/09/19. CR

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  • 06/12/2019
  • DocketLetter Received - Comment: Correspondence re Reimbursement for First Appearance Fee

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  • 06/06/2019
  • DocketStipulation and Order - Judicial Officer: Clark, Thomas S.; Comment: to Continue Status Conference FOR GOOD CAUSE APPEARING, the Court hereby continues the Status Conference currently set for June 14, 2019 at 8:15 a.m. to December 11, 2019 at 8:15 a.m. IT IS SO ORDERED.

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  • 02/19/2019
  • DocketOrder Dismissing (Part) - Judicial Officer: Clark, Thomas S.; Comment: Pursuant to Plaintiffs Request for Dismissal of his Class Action Complaint under California Rules of Court, Rule 3.770, and good cause appearing, the Court issues the following order: IT IS HEREBY ORDERED that Michael Chavez v. KS Industries, L.P. et al., Case no. BCV-16-101030, is dismissed in its entirety. Plaintiff Michael Chavez's individual claims are dismissed with prejudice, and all class claims are dismissed without prejudice. Plaintiff Michael Chavez and Defendant KS Industries, L.P. shall be responsible for his/its own costs and attorney's fees. Entry ofthis Order willnot have a binding or dispositive impact on the Lead Case: Esparza v. KS Industries, L.P. ("Esparza I'), case no. S1500CV284188, or coordinated case, Esparza v. KS Industries, LP. ("Esparza II'), case no. BCV-16-100776 which are and will remain active cases pending in Kern County Superior Court.

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  • 02/13/2019
  • DocketProof of Service

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  • 02/13/2019
  • DocketDeclaration - Comment: of Nikki Ousdahl, Esq., in Support of Plaintiff Michael Chavez;s Application and Memorandum of Points and Authorities in Support Thereof to Voluntarily Dismiss all Claims Against All Defendants

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  • 02/13/2019
  • DocketApplication - Comment: Plaintiff Michael Chavez's Application and Memorandum of Points and Authorities in Support Thereof to Voluntary Dismiss All Claims Against All Defendants

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127 More Docket Entries
  • 06/02/2015
  • DocketAnswer to First Amended Complaint - Comment: Defendant KS Industries answer to first amended complaint.

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  • 05/15/2015
  • DocketProof of Service - Summons / Complaint - Comment: On first amended complaint, by substituted service as to KS Industries.

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  • 04/17/2015
  • DocketSummons Issued - Comment: ON FIRST AMENDED COMPLAINT

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  • 03/27/2015
  • DocketFirst Amended Complaint - Comment: FILED BY DOUGLAS HAN ESQ

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  • 02/26/2015
  • DocketSummons Issued and Filed - Comment: RETURNED VIA MISC ATTORNEY FILE

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  • 02/26/2015
  • DocketOrder to Show Cause - Comment: NOTICE OF ORDER TO SHOW CAUSE RE: CALIFORNIA RULES OF COURT, RULE 3.110 TO PLAINTIFF AND PLAINTIFF'S COUNSEL: YOU ARE ORDERED TO APPEAR ON Jun 11, 2015 AT 8:30 AM IN DEPARTMENT_17 OF THE ABOVE ENTITLED COURT TO GIVE ANY LEGAL REASON WHY SANCTIONS SHALL NOT BE IMPOSED FOR FAILURE TO SERVE THE COMPLAINT ON ALL NAMED DEFENDANTS AND FILE PROOF(S) OF SERVICE WITH THE COURT WITHIN SIXTY (60) DAYS AFTER THE FILING OF THE COMPLAINT PURSUANT TO CALIFORNIA RULES OF COURT, RULE 3.110. ALL APPEARANCES ARE MANDATORY, UNLESS FIVE (5) COURT DAYS PRIOR TO HEARING DATE THE COURT HAS RECEIVED THE REQUIRED PROOF(S) OF SERVICE, THEN NO APPEARANCE IS NECESSARY. Calendar Notes: NOTICE OF ORDER TO SHOW CAUSE RE: CALIFORNIA RULES OF COURT, RULE 3.110 TO PLAINTIFF AND PLAINTIFF'S COUNSEL: YOU ARE ORDERED TO APPEAR ON Jun 11, 2015 AT 8:30 AM IN DEPARTMENT_17 OF THE ABOVE ENTITLED COURT TO GIVE ANY LEGAL REASON WHY SANCTIONS SHALL NOT BE IMPOSED FOR FAILURE TO SERVE THE COMPLAINT ON ALL NAMED DEFENDANTS AND FILE PROOF(S) OF SERVICE WITH THE COURT WITHIN SIXTY (60) DAYS AFTER THE FILING OF THE COMPLAINT PURSUANT TO CALIFORNIA RULES OF COURT, RULE 3.110. ALL APPEARANCES ARE MANDATORY, UNLESS FIVE (5) COURT DAYS PRIOR TO HEARING DATE THE COURT HAS RECEIVED THE REQUIRED PROOF(S) OF SERVICE, THEN NO APPEARANCE IS NECESSARY.

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  • 02/25/2015
  • Docket800Q Pmt: New Suit - Unlimited Civil GC 70611 (8/6/12) - Comment: Amount of $435.00 for ESPARZA, RICHARD (PL-1). Received from JUSTICE LAW CORPORATION, check no(s) 1111. Receipt #825586 for amount of $435.00.

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  • 02/24/2015
  • DocketCONV - Comment: New case created by deputy.

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  • 02/20/2015
  • DocketComplaint - Fast Track - Comment: FILED BY DOUGLAS HAN CMC SET 8/21/15 @8:15AM DEPT 17

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  • 02/20/2015
  • DocketCivil Case Cover Sheet (CM-010) - Comment: FILED BY DOUGLAS HAN CMC SET 8/21/15 @8:15AM DEPT 17

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Complaint Information

DOUGLAS HAN (Statc Bar No. 232858)

SHUNT TATAVOS-GHARAJEH (State Bar No. 272164) DANIEL J. PARK (State Bar No. 274973)

JUSTICE LAW CORPORATION

411 North Central Avenue, Suite 500

Glendale, California 91203

Telephone: (818) 230-7502

Facsimile: (818) 230-7259

Attorncys for Plaintift Richard Esparza

SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF KERN

RICHARD ESPARZA, as an aggrieved Case No.: S-1500-CV-284188-TSC employee on behalf of himself and other current - and former aggrieved employees, Assigned for All Purposes to Honorable Thomas S. Clark Plaintiff, Department 17

SECOND AMENDED COMPLAINT FOR

KS INDUSTRIES, L.P. a California Limited DAMAGES FOR VIOLATION OF

Partnership; and DOES 1 through 100, LABOR CODE § 2698 ¢t seq. (PRIVATE inclusive, ATTORNEYS GENERAL ACT OF 2004) Defendants. Complaint Filed: February 20, 2015

Trial Date: None Set