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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

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Norwalk Courthouse

  • 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, Cross 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

KIM MITCHELL S

ROPERS MAJESKI KOHN & BENTLEY

LITCHFIELD CAVO LLP

HUFFINE CHUNG A.P.C.

Plaintiff and Cross Plaintiff Attorney

BAKER JOHN STEPHEN

 

Court Documents

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

Minute Order - MINUTE ORDER (JURY TRIAL (TIME ESTIMATE FOR TRIAL 5-7 DAYS))

6/25/2019: Minute Order - MINUTE ORDER (JURY TRIAL (TIME ESTIMATE FOR TRIAL 5-7 DAYS))

Notice - NOTICE OF ENTRY OF JUDGMENT ON JURY VERDICT

8/19/2019: Notice - NOTICE OF ENTRY OF JUDGMENT ON JURY VERDICT

Declaration re: Attorney's Fees

9/10/2019: Declaration re: Attorney's Fees

Declaration - DECLARATION OF BRIAN CASILLAS IN SUPPORT OF DEFENDANTS U.S. GARMENT, LLC, JAE CHUNG, AND WESLEY CHUNG'S MOTION TO STRIKE PLAINTIFF'S MEMORANDUM OF COST, OR IN THE ALTERNATIVE TAX COSTS

9/25/2019: Declaration - DECLARATION OF BRIAN CASILLAS IN SUPPORT OF DEFENDANTS U.S. GARMENT, LLC, JAE CHUNG, AND WESLEY CHUNG'S MOTION TO STRIKE PLAINTIFF'S MEMORANDUM OF COST, OR IN THE ALTERNATIVE TAX COSTS

Legacy Document - LEGACY DOCUMENT TYPE: OPPOSITION

12/28/2017: Legacy Document - LEGACY DOCUMENT TYPE: OPPOSITION

Legacy Document - LEGACY DOCUMENT TYPE: OPPOSITION

12/28/2017: Legacy Document - LEGACY DOCUMENT TYPE: OPPOSITION

Legacy Document - LEGACY DOCUMENT TYPE: REPLY TO MOTION

3/1/2018: Legacy Document - LEGACY DOCUMENT TYPE: REPLY TO MOTION

Minute Order - MINUTE ORDER ENTERED: 2018-03-08 00:00:00

3/8/2018: Minute Order - MINUTE ORDER ENTERED: 2018-03-08 00:00:00

Summons

4/12/2018: Summons

Request for Judicial Notice

5/31/2018: Request for Judicial Notice

Ex Parte Application -

8/24/2018: Ex Parte Application -

Reply - Reply to opposition to plaintiff and cross-complainant Adriana Calleros' motion for leave to join in the cross-complaint

10/23/2018: Reply - Reply to opposition to plaintiff and cross-complainant Adriana Calleros' motion for leave to join in the cross-complaint

Motion for Terminating Sanctions

10/29/2018: Motion for Terminating Sanctions

Motion in Limine - MOTION IN LIMINE NO. 4 - TO EXCLUDE CUMULATIVE EXPERT TESTIMONY

3/12/2019: Motion in Limine - MOTION IN LIMINE NO. 4 - TO EXCLUDE CUMULATIVE EXPERT TESTIMONY

Notice - NOTICE OF ERRATA IN SUPPORT OF DECLARATION OF JOHN S. BAKER IN SUPPORT OF PLAINTIFF'S OPPOSITION TO DEFENDANTS' EX PARTE APPLICATION TO ADVANCE HEARING DATE ON THEIR MOTION TO COMPEL PLAINTIF

3/20/2019: Notice - NOTICE OF ERRATA IN SUPPORT OF DECLARATION OF JOHN S. BAKER IN SUPPORT OF PLAINTIFF'S OPPOSITION TO DEFENDANTS' EX PARTE APPLICATION TO ADVANCE HEARING DATE ON THEIR MOTION TO COMPEL PLAINTIF

Declaration - DECLARATION OF JOHN S. BAKER IN SUPPORT OF PLAINTIFF ADRIANA CALLEROS' OPPOSITION TO DEFENDANTS' MOTION IN LIMINE NOS. 6, 10 AND 12

5/22/2019: Declaration - DECLARATION OF JOHN S. BAKER IN SUPPORT OF PLAINTIFF ADRIANA CALLEROS' OPPOSITION TO DEFENDANTS' MOTION IN LIMINE NOS. 6, 10 AND 12

Opposition - PLAINTIFF'S OPPOSITION TO DEFENDANTS' MOTION IN LIMINE NO. 6 TO EXCLUDE JENNIFER GARCIA AS A WITNESS

5/22/2019: Opposition - PLAINTIFF'S OPPOSITION TO DEFENDANTS' MOTION IN LIMINE NO. 6 TO EXCLUDE JENNIFER GARCIA AS A WITNESS

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: VC066225    Hearing Date: March 24, 2021    Dept: C

CALLEROS v. U.S. GARMENT, LLC

CASE NO.: VC066225

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.