This case was last updated from Los Angeles County Superior Courts on 06/01/2019 at 03:51:58 (UTC).

JULIE SU ET AL VS CALCRETE CONSTRUCTION INC

Case Summary

On 07/07/2017 JULIE SU filed a Labor - Other Labor lawsuit against CALCRETE CONSTRUCTION INC. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is DALILA CORRAL LYONS. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****7644

  • Filing Date:

    07/07/2017

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Labor - Other Labor

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judge

DALILA CORRAL LYONS

 

Party Details

Petitioners and Plaintiffs

CALIFORNIA STATE LABOR COMMISSIONER

ENFORCEMENT DEPARTMENT OF INDUSTRIAL

STATE OF CALIFORNIA

SU JULIE

DEPARTMENT OF INDUSTRIAL RELATEIONS STATE OF CALIFORNIA ON BEHALF OF THE PEOPLE OF THE STATE OF CALIFORNIA

Defendants and Respondents

CALCRETE CONSTRUCTION INC

DOES 1 TO 10

Attorney/Law Firm Details

Petitioner and Plaintiff Attorneys

BALTER DAVID M. ESQ.

ARREDONDO ESTEBAN ESQ.

Defendant and Respondent Attorneys

JOHN E. HOPE ESQ

ABRAMS ALAN K

 

Court Documents

Minute Order

8/14/2018: Minute Order

NOTICE OF SETTEMENT OF ENTIRE CASE

8/17/2018: NOTICE OF SETTEMENT OF ENTIRE CASE

NOTICE RE: CONTINUANCE OF HEARING

9/6/2018: NOTICE RE: CONTINUANCE OF HEARING

Proof of Service

9/13/2018: Proof of Service

Minute Order

9/21/2018: Minute Order

Minute Order

12/10/2018: Minute Order

Unknown

12/10/2018: Unknown

Notice

12/10/2018: Notice

Notice

2/13/2019: Notice

Minute Order

2/20/2019: Minute Order

Notice

2/22/2019: Notice

Substitution of Attorney

3/7/2019: Substitution of Attorney

Declaration

3/14/2019: Declaration

Minute Order

3/15/2019: Minute Order

Minute Order

3/29/2019: Minute Order

Minute Order

4/24/2019: Minute Order

Case Management Order

5/22/2019: Case Management Order

Minute Order

5/23/2019: Minute Order

20 More Documents Available

 

Docket Entries

  • 05/23/2019
  • at 08:30 AM in Department 20, Dalila Corral Lyons, Presiding; Trial Setting Conference - Held

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  • 05/23/2019
  • at 08:30 AM in Department 20, Dalila Corral Lyons, Presiding; Order to Show Cause Re: Dismissal (Settlement) ((Notice of Settlement filed 8/17/18)) - Held

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  • 05/23/2019
  • Minute Order ( (ORDER TO SHOW CAUSE REGARDING DISMISSAL(SETTLEMENT); TRIAL ...)); Filed by Clerk

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  • 05/22/2019
  • Case Management Order; Filed by Clerk

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  • 04/24/2019
  • at 08:30 AM in Department 20, Dalila Corral Lyons, Presiding; Order to Show Cause Re: Dismissal (Settlement) ((Notice of Settlement filed 8/17/18)) - Held - Continued

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  • 04/24/2019
  • Minute Order ((ORDER TO SHOW CAUSE REGARDING DISMISSAL OF SETTLED CASE [NOTI...)); Filed by Clerk

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  • 03/29/2019
  • at 08:30 AM in Department 20, Dalila Corral Lyons, Presiding; Order to Show Cause Re: (why this court should not impose sanctions against defendant, for its failure to appear in court on February 20, 2019) - Held

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  • 03/29/2019
  • at 08:30 AM in Department 20, Dalila Corral Lyons, Presiding; Order to Show Cause Re: Dismissal (Settlement) - Held - Continued

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  • 03/29/2019
  • Minute Order ( (ORDER TO SHOW CAUSE REGARDING DISMISSAL (SETTLEMENT); ORDER...)); Filed by Clerk

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  • 03/15/2019
  • at 3:00 PM in Department 20, Dalila Corral Lyons, Presiding; Non-Appearance Case Review (of Plaintiff's Declaration re status as to who will follow through on the settlement) - Held

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54 More Docket Entries
  • 07/26/2017
  • OSC-Failure to File Proof of Serv; Filed by Clerk

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  • 07/26/2017
  • NOTICE OF CASE MANAGEMENT CONFERENCE

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  • 07/26/2017
  • ORDER TO SHOW CAUSE HEARING

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  • 07/26/2017
  • Notice of Case Management Conference; Filed by Clerk

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  • 07/18/2017
  • First Amended Complaint; Filed by California State Labor Commissioner, (Plaintiff); Department of Industrial Relateions, State of California, on behalf of the People of the State of California (Plaintiff); State of California (Plaintiff) et al.

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  • 07/18/2017
  • FIRST AMENDED COMPLAINT COMPLAINT FOR DAMAGES, STATUTORY PENALTIES, LIQUIDATED DAMAGES, CIVIL PENALTIES, AND INJUNCTIVE RELIEF

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  • 07/18/2017
  • First Amended Complaint; Filed by Julie Su (Plaintiff)

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  • 07/07/2017
  • SUMMONS

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  • 07/07/2017
  • Complaint; Filed by Julie Su (Plaintiff); California State Labor Commissioner, (Plaintiff); Enforcement, Department of Industrial (Plaintiff) et al.

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  • 07/07/2017
  • COMPLAINT FOR DAMAGES, STATUTORY PENALTIES, LIQUIDATED DAMAGES, CIVIL PENALTIES, AND INJUNCTIVE RELIEF

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Tentative Rulings

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Case Number: BC667644 Hearing Date: September 17, 2021 Dept: 20

Ruling

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Judge Kevin C. Brazile

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Department 20

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Date: Friday, September\r\n17, 2021

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Case Name: Julie Su, et\r\nal. v. Calcrete Construction Inc., et al.

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Case No.: BC667644

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Hearing: Non-Appearance Case\r\nReview re: Notice of Related Case

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Notice: OK

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Ruling: Civil\r\ncase BC667644 is not related to civil case 21STCV22096.

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Clerk to give notice.

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ANALYSIS

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On\r\nSeptember 8, 2021, Calcrete Construction, Inc. filed a Notice of Related Case indicating\r\ncivil case Julie Su, et al. v. Calcrete Construction Inc., et al.\r\n(Los Angeles Superior Court case no. BC667644) is related to civil case Labor\r\nCommissioner v. Calcrete Construction, Inc., et al. (LASC case no. 21STCV22096)\r\nwithin the meaning of California Rules of Court, Rule 3.300. Cases\r\nare related under Rule 3.300 when they (1) involve the same parties and are\r\nbased on the same or similar claims, (2) arise from the same or substantially\r\nidentical transactions, incidents, or events requiring the determination of the\r\nsame or substantially identical questions of law or fact, (3) involve claims\r\nagainst, title to, possession of, or damages to the same property, or (4) are\r\nlikely for other reasons to require substantial duplication of judicial\r\nresources if heard by different judges. The Notice indicates the cases are\r\nrelated on the first two grounds only.

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Summary\r\nof Identified Cases

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On\r\nSeptember 20, 2019, Plaintiff Lilia Garcia-Brower, as the Labor Commissioner of\r\nthe State of California and Chief Executive Officer of the Division of Labor\r\nStandards Enforcement of the California Department of Industrial Relations,\r\nfiled a Second Amended Complaint against Defendants Calcrete Construction,\r\nInc., Calcrete Inc., and Does 2-10 (LASC case BC667644). The Commissioner seeks\r\nrelief for failure to pay overtime pay and sick leave and provide accurate\r\nitemized wage statements, misclassification of employees as independent\r\ncontractors, and for statutory penalties under the Labor Code. The Commissioner\r\nis suing on behalf of Calcrete and Calcrete Construction employees for\r\nviolations between September 2014 and August 2016.

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On\r\nJune 14, 2021, the Commissioner filed a separate Complaint against Defendants\r\nCalcrete Construction, Inc., Calcrete Inc., Ferrocrete Builders, Inc.,\r\nFerrocrete Structures Inc., George Danoukh, Razmik Danoukh, Vachik Danoukh, and\r\nDoes 1-50 stating causes of action for constructive and intentional fraudulent\r\ntransfers and improper corporate distributions to shareholders and directors (LASC\r\ncase 21STCV22096). Plaintiff alleges George and Razmik Danoukh made fraudulent\r\nrepresentations in their personal Chapter 13 bankruptcy proceedings regarding\r\ntheir personal income and the continued existence of Calcrete Construction.\r\nPlaintiff alleges the individual defendants, who were officers and directors of\r\nCalcrete Construction, and the other corporate defendants "transferred and\r\nreceived substantial amounts of [Calcrete Construction\'s] assets between\r\nthemselves and DOES . . . including, but not limited to equipment, accounts\r\nreceivables, goodwill, and cash assets," which transfers were primarily\r\neffected "through the actions of the individual [Danoukh]\r\ndefendants." Relatedly, Plaintiff alleges Calcrete Construction\r\n"improperly distributed corporate assets" to shareholders and\r\ndirectors "when in the process of winding up without paying or providing\r\nfor payment to . . . creditors" such as Plaintiff. Plaintiff alleges these\r\ntransfers and distributions rendered Calcrete Construction incapable of paying\r\nits debts to the State and its employees under the original lawsuit for wage\r\nviolations.

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Analysis\r\n

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The\r\ncases are not related under CRC 3.300(a)(1). While the cases involve some of\r\nthe same parties—the Commissioner and Calcrete entities—the later-filed case\r\ninvolves several new parties. Moreover, the later-filed case does not concern\r\nthe same or similar claims. The earlier-filed case concerned several alleged\r\nLabor Code violations by Calcrete between September 2014 and August 2016. The\r\nlater-filed case concerns alleged transfers and distributions by the individual\r\ndefendants of Calcrete’s assets to evade responsibility for those Labor Code\r\nviolations. The claims are not similar. By extension, the cases are not related\r\nunder CRC 3.300(a)(2) because the cases do not arise from the same events or\r\ntransactions. The earlier-filed case arises out of the treatment of Calcrete\r\nemployees between September 2014 and August 2016. The later-filed case arises\r\nout of alleged transfers of Calcrete’s assets to other entities and persons and\r\nalleged misrepresentations in the Danoukhs’ bankruptcy proceedings regarding\r\ntheir income from and interest in Calcrete. The cases do not present\r\noverlapping legal or factual issues. The Notice of Related Cases does not indicate\r\nthe cases are related under CRC 3.300(a)(3) or (a)(4). The Court therefore\r\ndeclines to deem the cases related.

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