This case was last updated from Los Angeles County Superior Courts on 10/29/2019 at 10:31:08 (UTC).

ADRIANA CALLEROS VS. U.S. GARMENT, LLC

Case Summary

On 04/07/2017 ADRIANA CALLEROS filed a Labor - Other Labor lawsuit against U S GARMENT, LLC. This case was filed in Los Angeles County Superior Courts, Norwalk Courthouse located in Los Angeles, California. The Judges overseeing this case are TORRIBIO, JOHN A., BRIAN F. GASDIA, KRISTIN S. ESCALANTE, MARGARET MILLER BERNAL, LORI ANN FOURNIER and PAUL BRUGUERA. The case status is Pending - Other Pending.
Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****6225

  • Filing Date:

    04/07/2017

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Labor - Other Labor

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judges

TORRIBIO, JOHN A.

BRIAN F. GASDIA

KRISTIN S. ESCALANTE

MARGARET MILLER BERNAL

LORI ANN FOURNIER

PAUL BRUGUERA

 

Party Details

Plaintiffs and Cross Defendants

CALLEROS ADRIANA AN INDIVIDUAL

CALLEROS ADRIANA

Defendants and Cross Defendants

CHUNG JAE

CHUNG WESLEY

U.S. GARMENT LLC A DELAWARE LIMITED

INNOVATIVE DENIM AND DYE WORKS INC. A

CALLEROS ADRIANA

Defendants, Cross Plaintiffs and Cross Defendants

U.S. GARMENT LLC A DELAWARE LIMITED

INNOVATIVE DENIM AND DYE WORKS INC. A

CALLEROS ADRIANA

Attorney/Law Firm Details

Plaintiff and Cross Defendant Attorneys

DORSEY & WHITNEY LLP

BAKER JOHN STEPHEN

Defendant Attorneys

LITCHFIELD CAVO LLP

KIM MITCHELL S

ROPERS MAJESKI KOHN & BENTLEY

HUFFINE CHUNG A.P.C.

Plaintiff and Cross Plaintiff Attorney

BAKER JOHN STEPHEN

 

Court Documents

Order Appointing Court Approved Reporter as Official Reporter Pro Tempore - ORDER APPOINTING COURT APPROVED REPORTER AS OFFICIAL REPORTER PRO TEMPORE REPORTER'S NAME SANDRA GUERRA CSR #10977

5/23/2019: Order Appointing Court Approved Reporter as Official Reporter Pro Tempore - ORDER APPOINTING COURT APPROVED REPORTER AS OFFICIAL REPORTER PRO TEMPORE REPORTER'S NAME SANDRA GUERRA CSR #10977

Declaration - SUPPLEMENTAL DECLARATION OF JOHN S. BAKER IN SUPPORT OF PLAINTIFF'S MOTIONS IN LIMINE NOS. 1 AND 2

6/7/2019: Declaration - SUPPLEMENTAL DECLARATION OF JOHN S. BAKER IN SUPPORT OF PLAINTIFF'S MOTIONS IN LIMINE NOS. 1 AND 2

Declaration - DECLARATION OF BRIAN CASILLAS IN SUPPORT OF DEFENDANTS/CROSS-COMPLAINANTS U.S. GARMENT, LLC, JAE CHUNG, AND WESLEY CHUNGS JOINT OMNIBUS REPLY IN FURTHER SUPPORT OF ITS MOTIONS IN LIMINE

6/7/2019: Declaration - DECLARATION OF BRIAN CASILLAS IN SUPPORT OF DEFENDANTS/CROSS-COMPLAINANTS U.S. GARMENT, LLC, JAE CHUNG, AND WESLEY CHUNGS JOINT OMNIBUS REPLY IN FURTHER SUPPORT OF ITS MOTIONS IN LIMINE

Reply - REPLY IN SUPPORT OF PLAINTIFF/CROSS-DEFENDANTS' MOTIONS IN LIMINE NOS. 6 AND 7

6/7/2019: Reply - REPLY IN SUPPORT OF PLAINTIFF/CROSS-DEFENDANTS' MOTIONS IN LIMINE NOS. 6 AND 7

Reply - REPLY IN FURTHER SUPPORT OF ITS MOTIONS IN LIMINE

6/7/2019: Reply - REPLY IN FURTHER SUPPORT OF ITS MOTIONS IN LIMINE

Reply - REPLY IN SUPPORT OF PLAINTIFF/CROSS-DEFENDANTS' MOTIONS IN LIMINE NOS. 3 AND 4

6/7/2019: Reply - REPLY IN SUPPORT OF PLAINTIFF/CROSS-DEFENDANTS' MOTIONS IN LIMINE NOS. 3 AND 4

Reply - REPLY IN SUPPORT OF PLAINTIFF/CROSS-DEFENDANTS' MOTIONS IN LIMINE NOS. 1 AND 2

6/7/2019: Reply - REPLY IN SUPPORT OF PLAINTIFF/CROSS-DEFENDANTS' MOTIONS IN LIMINE NOS. 1 AND 2

Order - ORDER [PROPOSED] ORDER GRANTING PLAINTIFF'S MOTION IN LIMINE NO. 3

6/11/2019: Order - ORDER [PROPOSED] ORDER GRANTING PLAINTIFF'S MOTION IN LIMINE NO. 3

Order - ORDER PROPOSED ORDER ON MIL NO. 8 EXCLUDE EXPERT TESTIMONY OUTSIDE OF SCOPE OF EXPERTISE

6/11/2019: Order - ORDER PROPOSED ORDER ON MIL NO. 8 EXCLUDE EXPERT TESTIMONY OUTSIDE OF SCOPE OF EXPERTISE

Order - ORDER PROPOSED ORDER ON MIL NO. 13 PROHIBIT WITNESSES FROM BEING PRESENT COURTROOM

6/11/2019: Order - ORDER PROPOSED ORDER ON MIL NO. 13 PROHIBIT WITNESSES FROM BEING PRESENT COURTROOM

Order - ORDER PROPOSED ORDER ON MIL NO. 9 - TO EXCLUDE REF. TO SPECIFIC DOLLAR AMOUNT DURING VOIR DIRE

6/11/2019: Order - ORDER PROPOSED ORDER ON MIL NO. 9 - TO EXCLUDE REF. TO SPECIFIC DOLLAR AMOUNT DURING VOIR DIRE

Order Appointing Court Approved Reporter as Official Reporter Pro Tempore - ORDER APPOINTING COURT APPROVED REPORTER AS OFFICIAL REPORTER PRO TEMPORE REPORTER JENNIFER TAT CSR #13773

6/11/2019: Order Appointing Court Approved Reporter as Official Reporter Pro Tempore - ORDER APPOINTING COURT APPROVED REPORTER AS OFFICIAL REPORTER PRO TEMPORE REPORTER JENNIFER TAT CSR #13773

Minute Order - MINUTE ORDER (HEARING ON MOTION - OTHER PLAINTIFFS AND DEFENSES MOTIONS IN ...)

6/11/2019: Minute Order - MINUTE ORDER (HEARING ON MOTION - OTHER PLAINTIFFS AND DEFENSES MOTIONS IN ...)

Order - ORDER PROPOSED ORDER ON MIL #2 EXCLUDE EVIDENCE NOT PRODUCE IN DISCOVERY

6/11/2019: Order - ORDER PROPOSED ORDER ON MIL #2 EXCLUDE EVIDENCE NOT PRODUCE IN DISCOVERY

Order - ORDER PROPOSED ORDER ON MIL NO. 12 EXCLUDE TESTIMONY ON BRAND AND MODEL

6/11/2019: Order - ORDER PROPOSED ORDER ON MIL NO. 12 EXCLUDE TESTIMONY ON BRAND AND MODEL

Order - ORDER PROPOSED ORDER ON MIL NO. 11 EXCLUDE FINANCIAL CONDITION

6/11/2019: Order - ORDER PROPOSED ORDER ON MIL NO. 11 EXCLUDE FINANCIAL CONDITION

Order - ORDER [PROPOSED] ORDER GRANTING PLAINTIFF'S MOTION IN LIMINE NO. 5

6/11/2019: Order - ORDER [PROPOSED] ORDER GRANTING PLAINTIFF'S MOTION IN LIMINE NO. 5

Notice of Lodging - NOTICE OF LODGING DEPOSITION TRANSCRIPTS

6/21/2019: Notice of Lodging - NOTICE OF LODGING DEPOSITION TRANSCRIPTS

335 More Documents Available

 

Docket Entries

  • 11/01/2019
  • Hearing11/01/2019 at 09:00 AM in Department R at 12720 Norwalk Blvd., Norwalk, CA 90650; Hearing on Motion for Judgment Notwithstanding the Verdict

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  • 11/01/2019
  • Hearing11/01/2019 at 09:00 AM in Department R at 12720 Norwalk Blvd., Norwalk, CA 90650; Hearing on Motion - Other Court's motion to decide if the court has duty to vacate judgment

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  • 10/22/2019
  • Docketat 09:00 AM in Department R, Brian F. Gasdia, Presiding; Hearing on Motion to Strike (Plaintiff's Memorandum of Cost, or in The Alternative Tax Costs) - Held - Continued

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  • 10/22/2019
  • Docketat 09:00 AM in Department R, Brian F. Gasdia, Presiding; Hearing on Motion for Judgment Notwithstanding the Verdict - Held - Continued

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  • 10/22/2019
  • Docketat 09:00 AM in Department R, Brian F. Gasdia, Presiding; Hearing on Motion for Attorney Fees - Held - Motion Granted

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  • 10/22/2019
  • DocketOrder (Order Granting Plaintiff's Motion for Attorney Fees); Filed by ADRIANA, CALLEROS (Plaintiff); INNOVATIVE DENIM AND DYE WORKS, INC., a (Cross-Defendant)

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  • 10/22/2019
  • DocketMinute Order ( (Hearing on Motion for Judgment Notwithstanding the Verdict; H...)); Filed by Clerk

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  • 10/22/2019
  • DocketStipulation and Order to use Certified Shorthand Reporter; Filed by Clerk

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  • 10/18/2019
  • DocketDeclaration (of Adriana Calleros in Support of Opposition to Defendants' Motion to Strike Plaintiff's Memorandum of Costs, or in the Alternative Tax Costs); Filed by ADRIANA, CALLEROS (Plaintiff)

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  • 10/18/2019
  • DocketObjection (of Defendants/ XComplainants US Garment, LLC, Jae Chung and Wesley Chung to Improper Supplemental Declaration of John S Baker Filed Concurrently With Plaintiffs Reply to Defendants Opposition to Plaintiffs Motion for Attorneys Fees); Filed by JAE CHUNG (Defendant); WESLEY CHUNG (Defendant); U.S. GARMENT, LLC, a Delaware limited (Defendant)

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613 More Docket Entries
  • 04/18/2017
  • DocketRtn of Service of Summons & Compl; Filed by ADRIANA, CALLEROS (Plaintiff)

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  • 04/18/2017
  • DocketRtn of Service of Summons & Compl; Filed by ADRIANA, CALLEROS (Plaintiff)

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  • 04/18/2017
  • DocketRtn of Service of Summons & Compl; Filed by ADRIANA, CALLEROS (Plaintiff)

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  • 04/18/2017
  • DocketRtn of Service of Summons & Compl (BY PERSONAL SERVICE ON 04/13/17 ); Filed by Attorney for Plaintiff

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  • 04/07/2017
  • DocketComplaint filed-Summons Issued; Filed by ADRIANA, CALLEROS (Plaintiff)

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  • 04/07/2017
  • DocketNotice-Case Management Conference; Filed by Clerk

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  • 04/07/2017
  • DocketSummons Filed; Filed by Attorney for Plaintiff

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  • 04/07/2017
  • DocketSummons; Filed by Plaintiff

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  • 04/07/2017
  • DocketNotice of Case Management Conference; Filed by Clerk

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  • 04/07/2017
  • DocketComplaint filed-Summons Issued; Filed by Attorney for Plaintiff

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Tentative Rulings

Case Number: ****6225    Hearing Date: March 24, 2021    Dept: C

CALLEROS v. U.S. GARMENT, LLC

CASE NO.: ****6225

HEARING: 3/24/21 @ 1:30 PM

#4

TENTATIVE ORDER

Judgment Creditor Calleros’s unopposed motion for order to amend judgment is DENIED without prejudice.

Moving Party to give NOTICE.

Judgment Creditor Calleros moves to amend the judgment pursuant to CCP ; 187 to add Soft Finish, Inc. as a Judgment Debtor.

The general rule is that a court may amend its judgment at any time so that the judgment will properly designate the real defendants. (Dow Jones Co., Inc. v. Avenal (1984) 151 Cal.App.3d 144, 148 – 149; Worth v. Asiatic Transpacific, Inc. (1979) 93 Cal.App.3d 849, 856; McCellan v. Northridge Park Townhomes Owners Ass’n, Inc. (2001) 89 Cal.App.4th 746; Wolf Metals Inc. v. Rand Pacific Sales, Inc. (2016) 4 Cal.App.5th 698, 709.)

Courts have utilized CCP ; 187 to add a successor corporation as a judgment debtor. (NEC Electronics Inc. v. Hurt (1989) 208 Cal.App.3d 772, 777; Carr v. Barnabey’s Hotel Corp. (1994) 23 Cal.App.4th 14, 20-21.)

The general rule of successor liability is that a corporation that purchases all of the assets of another corporation is not liable for the former corporation’s liabilities unless the purchasing corporation is a mere continuation of the selling corporation. (Ray v. Alad Corp. (1977) 19 Cal.3d 22, 29.) To be a mere continuation, California requires one or both of the following: 1) no adequate consideration was given for the predecessor corporation’s assets and made available for meeting the claims of its unsecured creditors; or 2) one or more persons were officers, directors, or shareholders of both corporations. (Id.; Katzir’s Floor and Home Design, Inc. v. M-MLS.com, et al. (9th Cir. 2004) 394 F.3d 1143, 1150 - applying California law.)

On 4/7/17, Judgment following a jury trial was entered in favor of Plaintiff and against Defendants U.S. Garment, LLC (“USG”), Wesley Chung, and Jae Chung in the amount of $726,698.45 and has increased to $815,930.77. (Baker Decl., Exs. C and K.) Defendants have paid no part of the Judgment, despite extensive collection efforts.

Judgment Creditor presents the following evidence:

· USG no longer operates. (Baker Dec., Ex. I (10/29/20 Jae Chung Tr.) at 10:20-21.)

· Wesley and Jae Chung are now employed and paid by Soft Finish. (Baker Dec., Ex. D (11/4/20 Wesley Chung Tr.) at 12:8-15; see also Baker Dec., Ex. I (10/29/20 JaeChung Tr.) at 15:8-23.)

· In addition to their salaries, Soft Finish pays for Wesley and Jae Chung’s expensive leased luxury vehicles and pays their credit card bills. (Baker Dec., Ex. I (10/29/20 Jae Chung Tr.) at 16:12-18:15; 30:15-31:9.)

· USG’s operations had “transitioned over” to Soft Finish, and that “Soft Finish is assuming all assets and liability of U.S. Garment.” (Baker Dec., Ex. D (11/4/20 Wesley Chung Tr.) at 12:16-24; see also Ex. I (10/29/20 Jae Chung Tr.) at 14:17-15:6 (Jae Chung’s counsel, Blake Lindemann, stating on the record that “Soft Finish has assumed Ms. Calleros’s debt” and both companies “take the position that her debt is valid against Soft Finish”).)

· Soft Finish was formed in late 2017, and the transition from USG to Soft Finish occurred at the end of 2017. (Baker Dec., Ex. D (11/4/20 Wesley Chung Tr.) at 13:2-16; 14:8-16.)

· Jae Chung is the only owner and officer of Soft Finish, and Wesley Chung serves as Soft Finish’s general manager. (Baker Dec., Ex. D (11/4/20 Wesley Chung Tr.) at 15:7-21; see also Ex. I (10/29/20 Jae Chung Tr.) at 9:17-21; 12:13-24.)

· Soft Finish is in the “same type of business” that USG was in. (Baker Dec., Ex. I(10/29/20 Jae Chung Tr.) at 10:7-13.) Specifically, the laundry business. (Id. at 9:25-10:1; 10:16-19.)

· Soft Finish’s employees came directly from USG. (Baker Dec., Ex. D (11/4/20 Wesley Chung Tr.) at 14:17-15:3.)

· Soft Finish’s equipment came from USG. (Baker Dec., Ex. I (10/29/20 Jae Chung Tr.) at 14:13-16.)

· Testifying as the representative of USG, Wesley Chung authenticated the assumption agreement between USG and Soft Finish. (See Baker Dec., Ex. E (11/10/20 Wesley Chung JDE at 13:15-14:19; Ex. F (Assignment & Assumption Agreement attached thereto as Exhibit 1; Ex. G (Bill of Sale attached thereto as Exhibit 2); see also Baker Dec., Ex. D (11/4/20 Wesley Chung Tr.) at 105:15-21 & 21:21-22:7).)

· Soft Finish’s revenues in 2019 were over $2 million. (Baker Dec., Ex. I (10/29/20 Jae Chung Tr.) at 11:1-3.)

Based on the above evidence, the court finds that Soft Finish is a successor of USG, assumed USG’s liabilities, and operates as a mere continuation of USG.

The court is inclined to grant the motion. However, on 3/8/21, this Court ordered moving party to give notice. The court is not in receipt of any proof of service, showing that proper notice was given.

Accordingly, the motion is DENIED without prejudice.



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