This case was last updated from Los Angeles County Superior Courts on 05/30/2019 at 05:55:08 (UTC).

AIMIN ZHANG VS SONIA Y. HEH

Case Summary

On 04/11/2017 AIMIN ZHANG filed a Labor - Other Labor lawsuit against SONIA Y HEH. This case was filed in Los Angeles County Superior Courts, Pomona Courthouse South located in Los Angeles, California. The Judge overseeing this case is GLORIA WHITE-BROWN. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****9217

  • Filing Date:

    04/11/2017

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Labor - Other Labor

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Pomona Courthouse South

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judge

GLORIA WHITE-BROWN

 

Party Details

Plaintiff and Cross Defendant

ZHANG AIMIN

Cross Plaintiffs and Defendants

HEH SONIA

HEH SONIA Y.

Attorney/Law Firm Details

Plaintiff Attorney

WU SAM X.J. ESQ.

Cross Plaintiff Attorney

JAFFE LUISA G. LAW OFFICES OF

 

Court Documents

Unknown

4/11/2017: Unknown

Complaint

4/11/2017: Complaint

Other -

4/11/2017: Other -

Summons

4/11/2017: Summons

Request for Judicial Notice

7/6/2017: Request for Judicial Notice

Unknown

8/15/2017: Unknown

Unknown

8/15/2017: Unknown

Case Management Statement

8/21/2017: Case Management Statement

Unknown

8/21/2017: Unknown

Unknown

9/5/2017: Unknown

Summons

10/16/2017: Summons

Minute Order

12/7/2017: Minute Order

Unknown

5/2/2018: Unknown

Unknown

5/2/2018: Unknown

Unknown

5/11/2018: Unknown

Unknown

5/11/2018: Unknown

Unknown

5/11/2018: Unknown

Notice

12/27/2018: Notice

34 More Documents Available

 

Docket Entries

  • 03/05/2019
  • at 08:30 AM in Department J, Gloria White-Brown, Presiding; Jury Trial - Not Held - Continued - Stipulation

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  • 02/25/2019
  • at 08:30 AM in Department J, Gloria White-Brown, Presiding; Final Status Conference - Not Held - Continued - Stipulation

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  • 02/08/2019
  • Certificate of Mailing for ([Stipulation and Order Proposed Stipulation to Continue Trial and Related Pretrial Dates]); Filed by Clerk

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  • 02/05/2019
  • Stipulation and Order (Proposed Stipulation to Continue Trial and Related Pretrial Dates); Filed by AIMIN ZHANG (Legacy Party)

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  • 12/27/2018
  • Notice (Notice of Reassignment); Filed by AIMIN ZHANG (Legacy Party)

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  • 12/19/2018
  • Notice of Case Reassignment and Order for Plaintiff to Give Notice; Filed by Clerk

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  • 05/11/2018
  • Notice; Filed by SONIA Y. HEH (Legacy Party)

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  • 05/11/2018
  • Notice Re: Continuance of Hearing and Order; Filed by AIMIN ZHANG (Legacy Party)

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  • 05/11/2018
  • Notice Re: Continuance of Hearing and Order; Filed by AIMIN ZHANG (Legacy Party)

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  • 05/07/2018
  • Notice of Continuance; Filed by SONIA HEH (Legacy Party)

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34 More Docket Entries
  • 07/06/2017
  • Demurrer; Filed by SONIA Y. HEH (Legacy Party)

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  • 07/06/2017
  • Request for Judicial Notice; Filed by SONIA Y. HEH (Legacy Party)

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  • 07/06/2017
  • Notice; Filed by SONIA Y. HEH (Legacy Party)

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  • 05/10/2017
  • Rtn of Service of Summons & Compl; Filed by AIMIN ZHANG (Legacy Party)

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  • 04/12/2017
  • Notice of Case Management Conference; Filed by Clerk

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  • 04/11/2017
  • Notice of Case Assignment - Unlimited Civil Case; Filed by Clerk

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  • 04/11/2017
  • Summons (on Complaint)

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  • 04/11/2017
  • Civil Case Cover Sheet

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  • 04/11/2017
  • Complaint; Filed by null

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  • 04/11/2017
  • Other - (statement of damages); Filed by AIMIN ZHANG (Legacy Party)

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Tentative Rulings

Case Number: KC069217    Hearing Date: July 23, 2020    Dept: J

HEARING DATE: Thursday, July 23, 2020

NOTICE: OK[1]

RE: Zhang v. Heh (KC069217)

______________________________________________________________________________

 

Defendant/Cross-Complainant Sonia Heh’s MOTION FOR AN ORDER QUASHING CIVIL SUBPOENA DUCES TECUM SERVED BY PLAINTIFF/CROSS-DEFENDANT AIMIN ZHANG ON THE CUSTODIAN OF RECORDS OF L.A. COUNTY DPSS

Responding Party: Plaintiff/Cross-Defendant Aimin Zhang

Background

Plaintiff Aimin Zhang (“Zhang”) alleges that, on or about October 17, 2014, Zhang was retained by Defendant Sonia Y. Heh aka Sonia Heh (“Heh”) to care for Heh’s elderly parents as a live-in caretaker. Zhang claims that her employment was terminated in February 2017 because Zhang renewed her requests that Heh pay her wages with proper withholdings so that Zhang would be building her social security account. On September 5, 2017, Zhang filed a First Amended Complaint, asserting causes of action against Heh and Does 1-50 for:

  1. Failure to Pay Minimum Wage and Overtime Compensation

  2. Failure to Pay Wages for Missed Meal and Rest Periods

  3. Failure to Pay Wages When Due

  4. Waiting Time Penalties

On August 6, 2019, Heh filed a First Amended Cross-Complaint, asserting causes of action against Zhang and Roes 1-25 for:

  1. Financial Elder Abuse

  2. Conversion of Personal Property

  3. Unjust Enrichment

  4. Conversion of a Hyundai Vehicle

  5. Injunctive Relief

Trial is set for August 3, 2020.

Legal Standard

“If a subpoena requires the attendance of a witness or the production of books, documents, electronically stored information, or other things before a court, or at the trial of an issue therein, or at the taking of a deposition, the court, upon motion reasonably made by any person described in subdivision (b), or upon the court’s own motion after giving counsel notice and an opportunity to be heard, may make an order quashing the subpoena entirely, modifying it, or directing compliance with it upon those terms or conditions as the court shall declare, including protective orders. In addition, the court may make any other order as may be appropriate to protect the person from unreasonable or oppressive demands, including unreasonable violations of the right of privacy of the person.” (Code Civ. Proc., § 1987.1, subd. (a).)

Discussion

Heh moves the court for an order quashing a Civil Subpoena Duces Tecum for Appearance at Trial and Production of Documents directed to the Custodian of Records for the County of Los Angeles Department of Social Services (the “IHSS Subpoena”) which seeks production of all IHSS records pertaining to Hua He (“Hua”) and Zhao Xi-Ming (“Zhao”), both of whom received IHSS benefits during their lifetimes. Hua and Zhao are not parties to this action—both are deceased. The IHSS Subpoena was served with a Notice to Consumer directed to Heh, Hua’s and Zhao’s daughter.

The court denies Heh's request for an order quashing a Civil Subpoena Duces Tecum for Appearance at trial and production of Documents.  The court has reviewed the documents and has redacted sensitive information from the documents. 


[1] On November 15, 2019, moving party filed an “Ex Parte Motion . . .for an Order Quashing Civil Subpoena Duces Tecum Served by Plaintiff and Cross-Defendant Aimin Zhang on the Custodian of Records of L.A. County DPSS, or in the Alternative for an Order Shortening Time for Hearing on Motion to Quash.” On November 22, 2019, the court denied the application, but reserved on its ruling. On November 26, 2020, the “Amended Order Re: Subpoena Duces Tecum Served on the Custodian of Records of Los Angeles County Department of Public Social Services” was filed; said Order stated, in pertinent part, as follows:

“1. Defendant HEH’s ex parte Motion to QUASH is DENIED with the Court reserving its right to reverse its ruling upon further consideration;

2. The Custodian of Records of the Los Angeles Department of Public Social Services is ORDERED to produce the documents requested in Plaintiff’s AIMIN ZHANG’s Subpoena Duces Tecum (as described in the attachment thereto) served on Anthony Flores, Custodian of Records For Los Angeles County Department of Public Social Services on November 5, 2019 at 2:28 p.m. at 2860 Crossroads Pkwy South, City of Industry, CA 91746 (see Proof of Service of Subpoena Duces Tecum attached as Exhibit “A”) for the Court’s In Camera Inspection immediately so that the Court may finalize its ruling prior to the December 3, 2019 trial date.

3. Copies of the requested documents, along with a completed declaration of custodian of records, are to be placed in an envelope (or other wrapper) along with the original declaration of the custodian and the envelope is to be sealed. Attach a copy of this Court Order to the envelope or write on the envelope the case name and number; your name; and the date, time, and place from the box in item 1 on the Subpoena Duces Tecum. Place this first envelope in an outer envelope, seal it, and mail it to: The Clerk of the Court for Department “J’ at Los Angeles Superior Court—Pomona Courthouse South, 400 Civic Center Plaza, Pomona, CA 91766.”

On December 3, 2019, the court continued trial (scheduled for that date) to February 3, 2020. On February 3, 2020, the court continued trial (scheduled for that date) to August 3, 2020 and set a “Hearing—Other re: Subpoena Documents” for March 19, 2020. On March 16, 2020, moving party filed and mail/email-served a “Notice Re: Continuance of Heh’s Motion to Quash Subpoena Duces Tecum Served on Custodian of Records of Los Angeles County Department of Public Social Services,” advising therein that the March 19, 2020 hearing date had been continued, on the court’s own motion, to May 21, 2020.

On April 17, 2020, a “Notice of Continuance Due to COVID-10 State of Emergency Declarations” was filed, in which the court, on its own motion, continued the May 21, 2020 hearing to July 3, 2020 at 10:00 a.m.; all counsel were given notice.