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This case was last updated from Los Angeles County Superior Courts on 09/25/2019 at 08:38:15 (UTC).

JUAN BONILLA VS AFFLUENT STAFFING, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY

Case Summary

On 05/09/2019 JUAN BONILLA filed an Other - Other Judgment lawsuit against AFFLUENT STAFFING, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The case status is Disposed - Judgment Entered.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******1841

  • Filing Date:

    05/09/2019

  • Case Status:

    Disposed - Judgment Entered

  • Case Type:

    Other - Other Judgment

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

 

Party Details

Plaintiff

BONILLA JUAN

Defendant

AFFLUENT STAFFING LLC A CALIFORNIA LIMITED LIABILITY COMPANY

Attorney/Law Firm Details

Plaintiff Attorney

WEGNER STEVEN GAIRD

 

Court Documents

Request For Entry of Judgment (Enforcement of Judgment) - Request For Entry of Judgment (Enforcement of Judgment)

5/9/2019: Request For Entry of Judgment (Enforcement of Judgment) - Request For Entry of Judgment (Enforcement of Judgment)

First Amended Standing Order - First Amended Standing Order

5/9/2019: First Amended Standing Order - First Amended Standing Order

Civil Case Cover Sheet - Civil Case Cover Sheet

5/9/2019: Civil Case Cover Sheet - Civil Case Cover Sheet

 

Docket Entries

  • 05/13/2019
  • DocketCase assigned in ROOM 118 Stanley Mosk Courthouse

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  • 05/09/2019
  • DocketCivil Case Cover Sheet; Filed by: Juan Bonilla (Plaintiff); As to: Affluent Staffing, LLC, a California Limited Liability Company (Defendant)

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  • 05/09/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 05/09/2019
  • DocketRequest For Entry of Judgment (Enforcement of Judgment); Filed by: Juan Bonilla (Plaintiff); As to: Affluent Staffing, LLC, a California Limited Liability Company (Defendant)

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  • 05/09/2019
  • DocketCourt orders judgment entered for Plaintiff Juan Bonilla against Defendant Affluent Staffing, LLC, a California Limited Liability Company on the Petition filed by Juan Bonilla on 05/09/2019 for the principal amount of $4,440.55, interest of $0.00, and costs of $250.00 for a total of $4,690.55.

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Tentative Rulings

Case Number: 19STCP01841    Hearing Date: April 13, 2021    Dept: 26

Bonilla v. Affluent Staffing, LLC, et al.

VACATE JUDGMENT

(CCP § 473(d))

TENTATIVE RULING:

Petitioner California Labor Commissioner’s Motion to Vacate Judgment is GRANTED.

ANALYSIS:

On May 9, 2019, Petitioner California Labor Commissioner (“Petitioner”) filed the instant Petition to Enter Judgment on Order, Decision or Award of the Labor Commissioner. The Petition was filed on behalf of Juan Bonilla (“Bonilla”) and against Affluent Staffing, LLC (“Affluent Staffing”). Judgment was entered on the same date.

On March 12, 2021, Petitioner filed the instant Motion to Vacate Judgment. To date, no opposition has been filed.

Discussion

Petitioner moves to vacate the entry judgment on the grounds that the Petition should never have been brought and the judgment is void under Code of Civil Procedure section 473, subdivision (d).

Code of Civil Procedure section 473, subdivision (d) states that “[t]he court may .... on motion of either party after notice to the other party, set aside any void judgment or order.” (Code Civ. Proc., § 473, subd. (d).)

Authority for entering a judgment based on an order, decision or award of the Labor Commissioner is set forth at Cal. Labor Code section 98.2. Once an order, decision, or award is deemed final, “the Labor Commissioner shall file, within 10 days of the order becoming final pursuant to subdivision (d), a certified copy of the final order with the clerk of the superior court of the appropriate county unless a settlement has been reached by the parties and approved by the Labor Commissioner.” (Cal. Lab. Code, § 98.2, subd. (e).) The clerk of the court then must enter judgment immediately. (Cal. Lab. Code, § 98.2, subd. (e).)

Petitioner presents evidence that the basis of the Petition for entry of judgment was erroneous. An Order, Decision or Award by Settlement was issued regarding Bonilla and Affluent Staffing on July 20, 2018. (Motion, Norris Decl., Exh. A.) Following service by mail, the Order, Decision or Award became final on August 18, 2018. (Cal. Lab. Code, § 98.2; Code Civ. Proc., § 1013.) Affluent Staffing paid the settlement by check dated May 24, 2018. The instant Petition, however, was filed on May 9, 2019 without Petitioner realizing the settlement had been paid. (Motion, Norris Decl., ¶4 and Exh. C.)

This evidence demonstrates that Petitioner had no authority to file the Petition for Entry of Judgment under Cal. Labor Code section 98.2. Therefore, entry of judgment was also not authorized by the statute and the Court finds it to be void.

Conclusion

Petitioner California Labor Commissioner’s Motion to Vacate Judgment is GRANTED.

Moving party to give notice.

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