This case was last updated from Los Angeles County Superior Courts on 10/20/2020 at 11:04:30 (UTC).

JOSEPH ZALENSKI VS FLYING DANS INC

Case Summary

On 06/09/2017 JOSEPH ZALENSKI filed a Labor - Other Labor lawsuit against FLYING DANS INC. 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:

    ****9373

  • Filing Date:

    06/09/2017

  • 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

ZALENSKI JOSEPH

Defendants

KANG WILLIAM

FLYING DANS INC

YOON PETER

CHANG DAVID

FLYING DANS INC.

Attorney/Law Firm Details

Plaintiff Attorney

BABAIAN RAYMOND

Defendant Attorney

RIDDLES RYAN SCOTT

 

Court Documents

Proof of Service (not Summons and Complaint)

7/18/2019: Proof of Service (not Summons and Complaint)

Minute Order - MINUTE ORDER (CASE MANAGEMENT CONFERENCE; ORDER TO SHOW CAUSE RE: ENTRY OF ...)

7/25/2019: Minute Order - MINUTE ORDER (CASE MANAGEMENT CONFERENCE; ORDER TO SHOW CAUSE RE: ENTRY OF ...)

Minute Order - MINUTE ORDER (CASE MANAGEMENT CONFERENCE; ORDER TO SHOW CAUSE RE: ENTRY OF ...)

9/18/2019: Minute Order - MINUTE ORDER (CASE MANAGEMENT CONFERENCE; ORDER TO SHOW CAUSE RE: ENTRY OF ...)

Minute Order - MINUTE ORDER (CASE MANAGEMENT CONFERENCE; ORDER TO SHOW CAUSE RE: ENTRY OF ...)

11/1/2019: Minute Order - MINUTE ORDER (CASE MANAGEMENT CONFERENCE; ORDER TO SHOW CAUSE RE: ENTRY OF ...)

Proof of Service (not Summons and Complaint)

6/23/2017: Proof of Service (not Summons and Complaint)

Minute Order - Minute order entered: 2017-09-25 00:00:00

9/25/2017: Minute Order - Minute order entered: 2017-09-25 00:00:00

Legacy Document - LEGACY DOCUMENT TYPE: Rtn of Service of Summons & Compl

10/27/2017: Legacy Document - LEGACY DOCUMENT TYPE: Rtn of Service of Summons & Compl

Legacy Document - LEGACY DOCUMENT TYPE: Rtn of Service of Summons & Compl

10/27/2017: Legacy Document - LEGACY DOCUMENT TYPE: Rtn of Service of Summons & Compl

Minute Order - Minute order entered: 2017-12-08 00:00:00

12/8/2017: Minute Order - Minute order entered: 2017-12-08 00:00:00

Minute Order - Minute order entered: 2018-02-08 00:00:00

2/8/2018: Minute Order - Minute order entered: 2018-02-08 00:00:00

Minute Order - Minute order entered: 2018-05-02 00:00:00

5/2/2018: Minute Order - Minute order entered: 2018-05-02 00:00:00

Legacy Document - LEGACY DOCUMENT TYPE: Request

5/22/2018: Legacy Document - LEGACY DOCUMENT TYPE: Request

Application - FOR PUBLICATION

9/7/2018: Application - FOR PUBLICATION

Order -

9/14/2018: Order -

Order for Publication -

9/14/2018: Order for Publication -

Notice of Case Reassignment and Order for Plaintiff to Give Notice

12/19/2018: Notice of Case Reassignment and Order for Plaintiff to Give Notice

Request for Entry of Default / Judgment

12/31/2018: Request for Entry of Default / Judgment

Proof of Publication

1/7/2019: Proof of Publication

56 More Documents Available

 

Docket Entries

  • 11/16/2020
  • Hearing11/16/2020 at 08:30 AM in Department J at 400 Civic Center Plaza, Pomona, CA 91766; Case Management Conference

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  • 11/16/2020
  • Hearing11/16/2020 at 08:30 AM in Department J at 400 Civic Center Plaza, Pomona, CA 91766; Order to Show Cause Re: Entry of Default/Default Judgment

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  • 10/15/2020
  • Docketat 08:30 AM in Department J, Gloria White-Brown, Presiding; Order to Show Cause Re: (Entry of Default/Default Judgment) - Held - Continued

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  • 10/15/2020
  • Docketat 08:30 AM in Department J, Gloria White-Brown, Presiding; Case Management Conference - Held - Continued

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  • 10/15/2020
  • DocketMinute Order ( (Case Management Conference; Order to Show Cause Re: Entry of ...)); Filed by Clerk

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  • 07/28/2020
  • Docketat 08:30 AM in Department J, Gloria White-Brown, Presiding; Order to Show Cause Re: (Entry of Default/Default Judgment) - Held - Continued

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  • 07/28/2020
  • Docketat 08:30 AM in Department J, Gloria White-Brown, Presiding; Case Management Conference - Held - Continued

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  • 07/28/2020
  • DocketMinute Order ( (Case Management Conference; Order to Show Cause Re: Entry of ...)); Filed by Clerk

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  • 07/14/2020
  • DocketCase Management Statement; Filed by Joseph Zalenski (Plaintiff)

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  • 05/05/2020
  • Docketat 08:30 AM in Department J, Gloria White-Brown, Presiding; Order to Show Cause Re: (Entry of Default/Default Judgment) - Not Held - Advanced and Continued - by Court

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92 More Docket Entries
  • 09/25/2017
  • DocketMinute order entered: 2017-09-25 00:00:00; Filed by Clerk

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  • 08/17/2017
  • DocketOSC-Failure to File Proof of Serv; Filed by Clerk

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  • 06/23/2017
  • DocketRtn of Service of Summons & Compl; Filed by Joseph Zalenski (Plaintiff)

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  • 06/23/2017
  • DocketProof of Service (not Summons and Complaint); Filed by Joseph Zalenski (Plaintiff)

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  • 06/23/2017
  • DocketRtn of Service of Summons & Compl; Filed by Joseph Zalenski (Plaintiff)

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  • 06/12/2017
  • DocketNotice of Case Management Conference; Filed by Clerk

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  • 06/09/2017
  • DocketCivil Case Cover Sheet; Filed by Joseph Zalenski (Plaintiff)

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  • 06/09/2017
  • DocketSummons (on Complaint)

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  • 06/09/2017
  • DocketComplaint; Filed by Joseph Zalenski (Plaintiff)

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  • 06/09/2017
  • DocketNotice of Case Assignment - Unlimited Civil Case; Filed by Clerk

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Tentative Rulings

Case Number: KC069373    Hearing Date: March 03, 2020    Dept: J

OSC DATE: Tuesday, March 3, 2020

RE: Zalenski v. Flying Dans, Inc., et al. (KC069373)

______________________________________________________________________________

 

Plaintiff Joseph Zalenski’s APPLICATION FOR DEFAULT JUDGMENT

Tentative Ruling

Plaintiff Joseph Zalenski’s Application for Default Judgment is DENIED without prejudice.

Background

Plaintiff Joseph Zalenski (“Plaintiff”) alleges as follows: Flying Dans, Inc. (“Flying Dans”)

owns, manages, and operates a “Denny’s” restaurant in Pomona. David Chang (“Chang”),

William Kang (“Kang”) and Peter Yoon (“Yoon”) are owners, officers and/or directors of Flying

Dans (collectively, “Defendants”). On or about October 12, 2015, Plaintiff began working full-

time as the general manager for Defendants’ “Denny’s” restaurant. Defendants misrepresented to

Plaintiff that Defendants were withholding and forwarding a portion of Plaintiff’s wages to the

San Bernardino County, Department of Child Support Services (“Department”) on Plaintiff’s

behalf. Plaintiff received notices in August and October 2016 from the Department notifying

Plaintiff that it had not received his monthly support payments; Plaintiff, in turn, notified

Defendants of this issue. Plaintiff, in the meantime, used his own income to pay the Department

and keep his child support account current. Beginning on or about January 2016, Plaintiff

notified Chang and Kang that certain co-workers and/or managers were committing wage theft

and fraud against Flying Dans. Plaintiff also complained of Defendants’ unlawful practice of

paying employees in cash and off the clock to avoid overtime rates. Defendants wrongfully

terminated Plaintiff and have not complied with Plaintiff’s written request for his personnel file

and other employment-related documents. Shortly after Plaintiff was terminated, Plaintiff learned

from the Department that the Department had still not received any payments from Flying Dans

and, as a result, the Department had directly debited funds from his personal account. Plaintiff’s

personal account was also placed on hold by the court until such time that he paid the balance of

his support payments to the Department and his California driving privileged were suspended.

On February 23, 2018, Plaintiff filed a First Amended Complaint (“FAC”), asserting causes of action against Defendants and Does 1-20 for:

  1. Fraud

  2. Negligent Misrepresentation

  3. Conversion

  4. Retaliation in Violation of FEHA

  5. Wrongful Termination in Violation of Public Policy

  6. Violation of Labor Code § 226

  7. Violation of Labor Code § 1198.5

  8. Violation of Family Code § 5235

  9. Intentional Infliction of Emotional Distress

  10. Negligent Infliction of Emotional Distress

On January 25, 2019, Flying Dan’s default was entered. On February 6, 2019, Chang’s, Kang’s and Yoon’s defaults were entered. On January 21, 2020, Plaintiff dismissed Kang and Yoon without prejudice.

A Case Management Conference and an Order to Show Cause Re: Entry of Default are set for March 3, 2020.

Discussion

Plaintiff’s application for default judgment is DENIED without prejudice. The following defects are noted:

  1. Plaintiff has failed to dismiss Does 1-20.

  2. Plaintiff’s default prove-up package is not accompanied by Judicial Council Form CIV-100. Plaintiff has failed to provide the court with a completed “Memorandum of Costs” on CIV-100.

  3. Plaintiff seeks default judgment in the principal amount of $445,100.00 [i.e., comprised of $93,600 in “front pay,” plus $750.00 in Labor Code § 226(f) penalties, plus $750.00 in Labor Code § 1198.5(k) penalties, plus $150,000.00 in emotional distress damages, plus $200,000.00 in punitive damages]. The amounts set forth in the prayer of Plaintiff’s FAC, however, total only $82,250.00. Additionally, there is no indication that Plaintiff ever served a Statement of Damages in compliance with CCP § 425.11 and/or CCP § 425.115.

  4. Plaintiff’s declaration is not accompanied by any documentary evidence, including but not limited to, any child support order, any written notification by Plaintiff to Flying Dan’s that Flying Dan’s was required to withhold and forward child support from Plaintiff’s paychecks pursuant to a court order, Defendants’ purported deduction of “Child Support” from Plaintiff’s paychecks, any correspondence from the Department, any bank statements reflecting the Department’s debiting of $461.00 from Plaintiff’s personal account, and documentation evidencing the court’s alleged hold on Plaintiff’s personal account and suspension of Plaintiff’s California driver’s license.

ANALYSIS

Yes (1/25/19;

2/6/19) Default Entered. (JC Form CIV-100.)

No Dismissal of all parties against whom judgment is not sought or an

application for separate judgment against specified parties under CCP

579, supported by a showing of grounds for each judgment. (CRC 3.1800(a)(7).)

No Mandatory Judicial Council Form CIV-100. (CRC 3.1800(a).)

No Relief sought is within amount of prayer of complaint or statement of damages. (Due Process; Greenup v. Rodman (1986) 42 Cal.3d 822, 824.)

Yes _____ Summary of the case. (CRC 3.1800 (a)(1).)

Yes Declarations in support of the judgment. (CRC 3.1800 (a)(2).)

Yes Attorney fees if supported by contract, statute or law. (CRC 3.1800 (a)(9); Local R. 3.214; open book – CC 1717.5.)

N/A Interest computations. (CRC 3.1800 (a)(3); 10% for contracts - Civ. Code 3289.)

No Memorandum of costs and disbursements. (CRC 3.1800 (a)(4); JC Form CIV-100 item 7.)

Yes Declaration of nonmilitary status for each defendant. (CRC 3.1800 (a)(5); JC Form CIV-100 item 8.)

Yes Proposed form of judgment. (CRC 3.1800 (a)(6).)

No Statement of Damages served (P.I./wrongful death). (JC Form CIV-050; CCP 425.11.)

No Punitive Damages are supported. Info re Defendant’s financial status. (CCP 425.115)