This case was last updated from Los Angeles County Superior Courts on 06/16/2019 at 18:34:17 (UTC).

ANGELA TAFOYA VS HARRIS MARKETING GROUP

Case Summary

On 05/26/2017 ANGELA TAFOYA filed a Labor - Wrongful Termination lawsuit against HARRIS MARKETING GROUP. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judges overseeing this case are HOLLY E. KENDIG and ELAINE LU. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****3204

  • Filing Date:

    05/26/2017

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Labor - Wrongful Termination

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judges

HOLLY E. KENDIG

ELAINE LU

 

Party Details

Plaintiff and Petitioner

TAFOYA ANGELA

Defendants and Respondents

DOES 1 TO 20

HARRIS MARKETING GROUP

Attorney/Law Firm Details

Plaintiff and Petitioner Attorneys

THE NOVAK LAW FIRM P.C.

NOVAK SEAN MICHAEL

BUCKLEY JOSEPH LLOYD

 

Court Documents

Notice

10/17/2018: Notice

Declaration re: Due Diligence

1/17/2019: Declaration re: Due Diligence

Proof of Mailing (Substituted Service)

1/17/2019: Proof of Mailing (Substituted Service)

Minute Order

1/17/2019: Minute Order

Case Management Order

1/17/2019: Case Management Order

Notice

1/18/2019: Notice

Unknown

1/22/2019: Unknown

Declaration

2/21/2019: Declaration

Proof of Service by Substituted Service

4/22/2019: Proof of Service by Substituted Service

Minute Order

4/26/2019: Minute Order

Notice

4/29/2019: Notice

Minute Order

2/26/2018: Minute Order

Minute Order

2/26/2018: Minute Order

PLAINTIFFS' NOTICE OF OSC RE FAILURE TO PROSECUTE

4/17/2018: PLAINTIFFS' NOTICE OF OSC RE FAILURE TO PROSECUTE

Minute Order

7/30/2018: Minute Order

SUMMONS

5/26/2017: SUMMONS

Unknown

9/22/2017: Unknown

Minute Order

9/27/2017: Minute Order

24 More Documents Available

 

Docket Entries

  • 04/29/2019
  • Notice (OF OSC RE DEFAULT); Filed by Angela Tafoya (Plaintiff)

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  • 04/26/2019
  • at 08:30 AM in Department 26, Elaine Lu, Presiding; Order to Show Cause Re: (sanctions and/or dismissal) - Held - Continued

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  • 04/26/2019
  • Minute Order ( (Order to Show Cause Re: sanctions and/or dismissal)); Filed by Clerk

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  • 04/22/2019
  • Proof of Service by Substituted Service; Filed by Angela Tafoya (Plaintiff)

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  • 04/04/2019
  • Notice (OF OSC RE DEFAULT AND CMC); Filed by Angela Tafoya (Plaintiff)

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  • 02/25/2019
  • at 08:30 AM in Department 26, Elaine Lu, Presiding; Order to Show Cause Re: (proof of service on First Amended Complaint and entry of default) - Held - Continued

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  • 02/25/2019
  • Minute Order ( (Order to Show Cause Re: proof of service on First Amended Com...)); Filed by Clerk

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  • 02/25/2019
  • Case Management Order; Filed by Clerk

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  • 02/21/2019
  • Declaration ( OF SEAN M. NOV AK IN RESPONSE TO THE COURT'S ORDER TO SHOW CAUSE WHY SANCTIONS SHOULD NOT BE ISSUED REGARDING PROOF OF SERVICE); Filed by Angela Tafoya (Plaintiff)

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  • 01/22/2019
  • Notice of Rejection - Application for Default Judgment by Court - Contract or Tort; Filed by Clerk

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44 More Docket Entries
  • 09/27/2017
  • Minute order entered: 2017-09-27 00:00:00; Filed by Clerk

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  • 09/22/2017
  • CASE MANAGEMENT STATEMENT

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  • 09/22/2017
  • Case Management Statement; Filed by Angela Tafoya (Plaintiff)

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  • 07/05/2017
  • Proof-Service/Summons; Filed by Angela Tafoya (Plaintiff)

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  • 07/05/2017
  • PROOF OF SERVICE SUMMONS

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  • 06/02/2017
  • Notice of Case Management Conference; Filed by Clerk

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  • 06/02/2017
  • NOTICE OF CASE MANAGEMENT CONFERENCE & OSC RE PROOF OF SERVICE

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  • 05/26/2017
  • SUMMONS

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  • 05/26/2017
  • COMPLAINT FOR DAMAGFS 1. FRAUD/DECEIT/INTENTIONAL MISREPRESENTATION ; ETC

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  • 05/26/2017
  • Complaint; Filed by Angela Tafoya (Plaintiff)

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Tentative Rulings

Case Number: BC663204    Hearing Date: February 26, 2020    Dept: 26

BC663204

The Court has read and considered Plaintiff’s request for dismissal of punitive damages filed on February 13, 2020 as well as Plaintiff’s default judgment prove-up brief filed on February 13, 2020.

Plaintiff cannot claim civil penalties for Willful Misclassification as there is no private right of action under that statute. (See Noe v. Superior Court (2015) 237 Cal.App.4th 316, 337 [“ section 226.8 . There is no language suggesting a private plaintiff may bring a direct action under section 226.8 )

If Plaintiff concurs with the analysis above, Plaintiff may file a request for dismissal of the third cause of action of the First Amended Complaint. Plaintiff should also file a new request for entry of default judgment (on form CIV-100) and a new proposed default judgment (on form JUD-100) in the amount of $ 221,515.71 principal damages, $4,105.16 attorneys’ fees, and $571.40 costs, for a total judgment of $226,192.27. In other words, Plaintiff should revise the proposed amounts on pages 8 and 9 of Plaintiff’s February 13, 2020 brief by deleting the $25,000 civil penalties for the third cause of action. Upon the filing of the dismissal of the third cause of action, the revised request for default judgment, and the revised proposed default judgment, the Court would be prepared to enter default judgment on the remaining causes of action.

If Plaintiff disagrees with the Court’s analysis above, Plaintiff may file supplemental briefing regarding the availability of civil penalties under Section 226.8 as a private right of action notwithstanding Noe v. Superior Court (2015) 237 Cal.App.4th 316, 337.

The Court requests that Plaintiff deliver to Department 26 conformed courtesy copies of the filings above within three days of filing.

The OSC re entry of default judgment is continued to April 23, 2020 at 8:30 am to provide Plaintiff an opportunity to either file supplemental briefing or to file a request for dismissal of the third cause of action, revised request for entry of default judgment and revised proposed default judgment.

The Court’s Judicial Assistant is to give notice to all parties.