SERGIO MIRALDA VS HENG SHENG INC

Tentative Rulings

Case Number: BC640698    Hearing Date: August 17, 2020    Dept: 74

BC640698 SERGIO MIRALDA vs HENG SHENG

Plaintiff’s Motion for Sanctions

TENTATIVE RULING: The motion is GRANTED. The court imposes an issue sanction against defendant Chris Wu. The following facts are conclusively established: (1) Defendant Wu, as the alter ego of Heng Sheng Inc., and/or joint employer of Plaintiff, has failed to compensate Plaintiff with his regular and overtime wages; (2) Defendant Wu, as an alter ego of Heng Sheng Inc., and/or joint employer of Plaintiff, has failed to compensate Plaintiff the minimum wage for all hours worked as required by applicable California law; (3) Defendant, as an alter ego of Heng Sheng Inc., and/or joint employer of Plaintiff, has failed to facilitate uninterrupted rest breaks for Plaintiff, and (4) Defendant, as an alter ego of Heng Sheng Inc., and/or joint employer of Plaintiff, has failed to provide Plaintiff accurate itemized wage statements. Plaintiff’s request for monetary sanctions is DENIED.

Case Number: BC640698    Hearing Date: June 24, 2020    Dept: 74

BC640698 SERGIO MIRALDA VS HENG SHENG INC

Defendant Heng Sheng, Inc’s Motion for Reconsideration

TENTATIVE RULING: The motion is DENIED. Plaintiff’s request for sanctions is DENIED. Moving party to give notice.

Defendant Heng Sheng, Inc. seeks reconsideration of this court’s order imposing monetary sanctions against Mr. Chen as part of the court’s order granting plaintiff’s motion to compel further responses to discovery. In the alternative, defendant seeks an offset from funds owed pursuant to another judgment.

Any party affected by a court order may request a reconsideration of that order. (Code Civ. Proc. § 1008(a).) The propounding party must file an application within 10 days following service of the written notice of entry of the order. (Id.) A request to reconsider the matter must consider “new or different facts, circumstances, or law.” (Id.) The judge that granted or denied the order must hear the reconsideration. (Id.) The party seeking the reconsideration must state by affidavit “what application was made before, when and to what judge, what order or decisions were made, and what new or different facts, circumstances, or law are claimed to be shown.” (Id.)

The order at issue was made on October 2, 2019 and this motion was not filed until October 15, 2019. As such, it is untimely. “The Supreme Court …held that a party is prohibited from making, and the trial court from granting, a motion for reconsideration unless the requirements of sections 437c, subdivision (f)(2), or 1008 are satisfied.” (New York Times Co. v. Superior Court (2005) 135 Cal.App.4th 206, 211.) Furthermore, Code Civ. Proc. § 1008(e) further notes that an application for reconsideration that fails to comply with Code Civ. Proc. § 1008 cannot be considered.

Plaintiff requests sanctions against Chen for bringing this instant motion.

Code Civ. Proc. §1008(d) states “A violation of this section may be punished as contempt and with sanctions as allowed by Section 128.7...” Code Civ. Proc. §128.5 allows for sanctions when making a frivolous motion in bad faith.

While the motion is denied, there is no evidence it was brought in bad faith. Plaintiff’s request for sanctions is denied.

Case Number: BC640698    Hearing Date: February 11, 2020    Dept: 74

BC640698 SERGIO MIRALDA VS HENG SHENG INC.

Plaintiff’s Motion to Compel Deposition of Defendant Chris Wu and for Sanctions

TENTATIVE RULING: The motion is granted. Wu is ordered to appear for deposition within 15 days at a time and place designated by plaintiff. The court orders defendant Chris Wu and her former attorney Shun C. Chen APLC, jointly and severally, to pay plaintiff sanctions of $3997.50.

Defendant Wu’s address of record with the court is in Chatsworth, in Los Angeles County. There was no substantial justification for demanding her deposition occur in Taiwan.

Plaintiff has established that he served a notice of deposition, and made substantial efforts to meet and confer to obtain a mutually acceptable date, without result. (Code Civ. Proc., § 2025.450, subds. (a), (b).) Any defect in service of the declaration in support of the motion was waived by addressing it on the merits.

The motion is granted. Wu is ordered to appear for deposition within 15 days at a time and place designated by plaintiff. The court orders defendant Chris Wu and former attorney Shun C. Chen APLC, jointly and severally, to pay plaintiff sanctions of $3997.50.

Case Number: BC640698    Hearing Date: December 05, 2019    Dept: 74

BC640698 SERGIO MIRALDA VS HENG SHENG INC

Plaintiff’s Counsel’s Motion to Be Relieved as Counsel

TENTATIVE RULING: The motion is granted. Service of the order should be mailed to Lin’s last known address.

It appears that Lin has willfully abandoned defense of this action by declining to provide any way to contact him. Should he decided to defend against his case, there is time before trial, which is set in six months and Lin can represent himself in propria persona.

The motion is granted.