JOSE CERVANTES VS PAK FAMILY CORPORATION ET AL
Case Summary
On 10/26/2017 JOSE CERVANTES filed a Labor - Wrongful Termination lawsuit against PAK FAMILY CORPORATION. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judges overseeing this case are MICHAEL P. LINFIELD, BARBARA M. SCHEPER and EDWARD B. MORETON. The case status is Not Classified By Court.
Case Details
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Case Number:
****1373
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Filing Date:
10/26/2017
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Case Status:
Not Classified By Court
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Court:
Los Angeles County Superior Courts
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Courthouse:
Stanley Mosk Courthouse
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County, State:
Los Angeles, California
Judge Details
Presiding Judges
MICHAEL P. LINFIELD
BARBARA M. SCHEPER
EDWARD B. MORETON
Party Details
Plaintiff and Petitioner
CERVANTES JOSE
Defendants and Respondents
PAK CHOL S.
PAK CHOL H
DOES 1 TO 10
PAK YONG C.
PAK FAMILY CORPORATION
PAK CHOL H.
Other
LEE MAXIMILIAN
Attorney/Law Firm Details
Defendant, Plaintiff and Petitioner Attorneys
TOOBI JUSTIN ESQ
LEE MAXIMILIAN
TOOBI JUSTIN
Defendant, Respondent and Petitioner Attorneys
WOO THERESA ESQ.
TOOBI JUSTIN ESQ
WOO THERESA
Defendant and Respondent Attorney
WOO THERESA ESQ.
Court Documents
11/13/2019: Affidavit - AFFIDAVIT SUMMARY OF RESPONSES TO [PROPOSED] ORDER GRANTING PLAINTIFF JOSE CERVANTESS MOTION FOR POST- JUDGMENT COSTS AND FEES AGAINST DEFENDANTS PAK FAMILY CORPORATION AND CHOL HYON PAK
11/7/2019: Minute Order - MINUTE ORDER (HEARING ON MOTION TO AMEND JUDGMENT)
11/8/2019: Minute Order - MINUTE ORDER (HEARING ON MOTION FOR ATTORNEY FEES)
10/22/2019: RETURNED MAIL
10/1/2019: Order - ORDER GRANTING PLAINTIFF JOSE CERVANTES'S MOTIONS TO COMPEL
9/23/2019: Motion for Attorney Fees
7/15/2019: Minute Order - MINUTE ORDER (HEARING ON MOTION TO COMPEL DISCOVERY (NOT "FURTHER DISCOVERY...)
6/26/2019: Proof of Service (not Summons and Complaint)
6/11/2019: Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion
4/4/2019: Application and Order for Appearance and Examination
1/8/2019: Minute Order - Minute Order (Final Status Conference; Hearing on Motion to Compel Discover...)
12/28/2018: Motion in Limine - Motion in Limine No. 5 Defendants Pak Family Corporation and Chol H. Pak's Motion in Limine No. 5 To Exclude Plaintiff From Introducing Any Evidence of Medical Records Not Disclosed
12/28/2018: Motion in Limine - Motion in Limine No.2 Defendants Pak Family Corporation and Chol H. Pak's Motion in Limine No.2 To Exclude Plaintiff from Introducing Any Evidence of Changes to Employment Practices
12/31/2018: Motion in Limine - Motion in Limine No. 8 Defendants Pak Family Corporation and Chol H. Pak's Motion in Limine No. 8 To Admit Evidence of Defense Concession And Tender of Maximum Statutory Penalty on
1/3/2019: Declaration - Declaration of Theresa Woo, esq. RE FSC Trial Document Submissions
2/13/2018: PROOF OF SERVICE OF SUMMONS
8/7/2018: JOINT STIPULATION AND ORDER TO CONTINUE TRIAL AND ALL RELATED DATES
10/26/2017: SUMMONS -
Docket Entries
- 01/29/2020
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Docketat 09:30 AM in Department 44, Edward B. Moreton, Presiding; Hearing on Motion for Sanctions - Held - Motion Granted
- 01/29/2020
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DocketMinute Order ( (Hearing on Motion for Sanctions)); Filed by Clerk
- 01/16/2020
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DocketOpposition (to Plaintiffs' Motion for Sanctions); Filed by Pak Family Corporation (Defendant); Chol H. Pak (Defendant)
- 12/02/2019
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DocketMotion for Sanctions; Filed by Jose Cervantes (Plaintiff)
- 11/21/2019
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DocketRETURNED MAIL; Filed by Clerk
- 11/20/2019
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DocketMemorandum of Costs After Judgment, Acknowledgment of Credit, and Declaration of Accrued Interest; Filed by Jose Cervantes (Plaintiff)
- 11/20/2019
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DocketNotice (of Entry of Order); Filed by Jose Cervantes (Plaintiff)
- 11/18/2019
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DocketOrder (GRANTING PLAINTIFF JOSE CERVANTES?S MOTION FOR POST- JUDGMENT COSTS AND FEES AGAINST DEFENDANTS PAK FAMILY CORPORATION AND CHOL HYON PAK); Filed by Jose Cervantes (Plaintiff)
- 11/13/2019
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DocketAffidavit (SUMMARY OF RESPONSES TO [PROPOSED] ORDER GRANTING PLAINTIFF JOSE CERVANTES?S MOTION FOR POST- JUDGMENT COSTS AND FEES AGAINST DEFENDANTS PAK FAMILY CORPORATION AND CHOL HYON PAK); Filed by Jose Cervantes (Plaintiff)
- 11/12/2019
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DocketOrder (Granting Plaintiff's Post-Judgment Costs and Fees); Filed by Jose Cervantes (Plaintiff)
- 02/13/2018
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DocketPROOF OF SERVICE OF SUMMONS
- 02/09/2018
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DocketFIRST AMENDED COMPLAINT FOR DAMAGES FOR: 1. FAILURE TO PAY WAGES DUE, ETC
- 02/09/2018
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DocketFirst Amended Complaint; Filed by Jose Cervantes (Plaintiff)
- 02/09/2018
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DocketCIVIL CASE COVER SHEET
- 02/09/2018
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DocketMiscellaneous-Other; Filed by Jose Cervantes (Plaintiff)
- 11/17/2017
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DocketNotice of Case Management Conference; Filed by Clerk
- 11/17/2017
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DocketNOTICE OF CASE MANAGEMENT CONFERENCE
- 10/26/2017
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DocketComplaint; Filed by Jose Cervantes (Plaintiff)
- 10/26/2017
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DocketSUMMONS
- 10/25/2017
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DocketCOMPLAINT FOR DAMAGES
Tentative Rulings
Case Number: BC681373 Hearing Date: June 29, 2020 Dept: 34
SUBJECT: Motion to Be Relieved as Counsel
Moving Party: Justin Toobi & Maximilian Lee, counsel for Jose Cervantes
Resp. Party: None
The motion to be relieved as counsel is GRANTED.
BACKGROUND:
Plaintiff Jose Cervantes filed this action on October 26, 2017. The operative second amended complaint asserts causes of action for (1) Failure to Pay Wages; (2) Failure to Pay Minimum Wage; (3) Failure to Pay Overtime; (4) Failure to Provide Meal and Rest Breaks; (5) Failure to Furnish Wage Statements; (6) Unfair Competition; (7) Waiting Time Penalties; (8) Retaliation; (9) Wrongful Termination; (10) Discrimination Disability; (11) Failure to Accommodate; (12) Failure to Engage in Interactive Process; and (13) Disability Harassment.
On March 8, 2019, Judgment was entered in this matter.
On April 6, 2020, Justin Toobi & Maximilian Lee, counsel for Plaintiff, filed the instant motion to be relieved as counsel.
ANALYSIS:
An attorney moving to be relieved as counsel under California Code of Civil Procedure section 284(2) must meet the requirements set out in California Rules of Court, rule 3.1362. To comply with rule 3.1362, the moving party must submit the following forms: (1) Notice of Motion and Motion to be Relieved as Counsel; (2) Declaration in Support of Attorney's Motion to be Relieved as Counsel; and (3) Order Granting Attorney's Motion to be Relieved as Counsel. (Cal. Rules of Court, rule 3.1362(a), (c), (e).) The moving party must serve the aforementioned forms on the client and all other parties who have appeared in the case. (Cal. Rules of Court, rule 3.1362(d).) Further, when the client is served by mail, the attorney's declaration must show that the client's address was confirmed within the last 30 days and how it was confirmed. (Id.) Absent a showing of resulting prejudice, an attorney’s request for withdrawal should be granted. (People v. Prince (1968) 268 Cal.App.2d 398, 406.)
Counsel’s motion complies with all of the requirements of California Rules of Court, Rule 3.1362, in that Counsel provided a notice of motion and motion to be relieved as counsel; order granting attorneys’ motion to be relieved as counsel; and declaration in support of the motions to be relieved as counsel. Additionally, Counsel’s client was notified by mailing the motion and supporting documents to his last known address and by telephone. (See Declaration, Nos. 3(a), 3(b)(2)(b).) Counsel also filed a proof of service demonstrating that they served all other parties who have appeared in the case. This motion has also not been opposed by any party to the case.
The motion to be relieved as counsel is GRANTED.
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