JOSE CERVANTES VS PAK FAMILY CORPORATION ET AL
Case Summary
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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Case Type:
Labor - Wrongful Termination
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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
Petitioner and Plaintiff
CERVANTES JOSE
Respondents and Defendants
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, Petitioner and Plaintiff Attorneys
TOOBI JUSTIN ESQ
LEE MAXIMILIAN
TOOBI JUSTIN
Respondent, Defendant and Plaintiff Attorneys
WOO THERESA ESQ.
TOOBI JUSTIN ESQ
WOO THERESA
Respondent and Defendant Attorney
WOO THERESA ESQ.
Court Documents
1/16/2020: Opposition - OPPOSITION TO PLAINTIFFS' MOTION FOR SANCTIONS
1/29/2020: Minute Order - MINUTE ORDER (HEARING ON MOTION FOR SANCTIONS)
12/2/2019: Motion for Sanctions
11/12/2019: Order - ORDER GRANTING PLAINTIFF'S POST-JUDGMENT COSTS AND FEES
11/18/2019: Order - ORDER GRANTING PLAINTIFF JOSE CERVANTESS MOTION FOR POST- JUDGMENT COSTS AND FEES AGAINST DEFENDANTS PAK FAMILY CORPORATION AND CHOL HYON PAK
11/20/2019: Memorandum of Costs After Judgment, Acknowledgment of Credit, and Declaration of Accrued Interest
11/20/2019: Notice - NOTICE OF ENTRY OF ORDER
11/21/2019: RETURNED MAIL
11/8/2019: Minute Order - MINUTE ORDER (RULING ON SUBMITTED MATTER RE HEARING ON MOTION TO TAX COSTS)
11/8/2019: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (RULING ON SUBMITTED MATTER RE HEARING ON MOTION TO TAX COSTS) OF 11/08/2019
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)
11/7/2019: Notice of Ruling - NOTICE OF RULING PLAINTIFF JOSE CERVANTESS NOTICE OF RULING ON DEFENDANTS MOTION TO CORRECT JUDGMENT NUNC PRO TUNC FOR CLERICAL ERROR
11/8/2019: Minute Order - MINUTE ORDER (HEARING ON MOTION FOR ATTORNEY FEES)
11/4/2019: Reply - REPLY TO OPPOSITION TO MOTION FOR POST-JUDGMENT COSTS AND FEES
10/28/2019: Opposition - OPPOSITION TO PLAINTIFF'S MOTION FOR COSTS AND FEES
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
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- 01/29/2020
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DocketMinute Order ( (Hearing on Motion for Sanctions)); Filed by Clerk
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- 01/16/2020
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DocketOpposition (to Plaintiffs' Motion for Sanctions); Filed by Pak Family Corporation (Defendant); Chol H. Pak (Defendant)
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- 12/02/2019
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DocketMotion for Sanctions; Filed by Jose Cervantes (Plaintiff)
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- 11/21/2019
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DocketRETURNED MAIL; Filed by Clerk
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- 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)
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- 11/20/2019
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DocketNotice (of Entry of Order); Filed by Jose Cervantes (Plaintiff)
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- 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)
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- 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)
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- 11/12/2019
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DocketOrder (Granting Plaintiff's Post-Judgment Costs and Fees); Filed by Jose Cervantes (Plaintiff)
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- 02/13/2018
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DocketPROOF OF SERVICE OF SUMMONS
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- 02/09/2018
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DocketFIRST AMENDED COMPLAINT FOR DAMAGES FOR: 1. FAILURE TO PAY WAGES DUE, ETC
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- 02/09/2018
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DocketFirst Amended Complaint; Filed by Jose Cervantes (Plaintiff)
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- 02/09/2018
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DocketCIVIL CASE COVER SHEET
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- 02/09/2018
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DocketMiscellaneous-Other; Filed by Jose Cervantes (Plaintiff)
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- 11/17/2017
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DocketNotice of Case Management Conference; Filed by Clerk
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- 11/17/2017
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DocketNOTICE OF CASE MANAGEMENT CONFERENCE
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- 10/26/2017
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DocketComplaint; Filed by Jose Cervantes (Plaintiff)
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- 10/26/2017
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DocketSUMMONS
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- 10/25/2017
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DocketCOMPLAINT FOR DAMAGES
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Tentative Rulings
Case Number: ****1373 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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