This case was last updated from Los Angeles County Superior Courts on 07/25/2022 at 13:19:00 (UTC).

SAUL SANCHEZ, AN INDIVIDUAL VS SIMPLIFIED LABOR STAFFING SOLUTIONS, INC. A CALIFORNIA CORPORATION, ET AL.

Case Summary

On 09/01/2021 SAUL SANCHEZ, AN INDIVIDUAL filed a Labor - Wrongful Termination lawsuit against SIMPLIFIED LABOR STAFFING SOLUTIONS, INC A CALIFORNIA CORPORATION. This case was filed in Los Angeles County Superior Courts, Norwalk Courthouse located in Los Angeles, California. The Judges overseeing this case are MARGARET MILLER BERNAL and OLIVIA ROSALES. The case status is Pending - Other Pending.
Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******0563

  • Filing Date:

    09/01/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Labor - Wrongful Termination

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judges

MARGARET MILLER BERNAL

OLIVIA ROSALES

 

Party Details

Plaintiff

SAUL SANCHEZ AN INDIVIDUAL

Defendants

ASHISH WAHI AN INDIVIDUAL

DAMCO DISTRIBUTION SERVICES INC. A DELAWARE CORPORATION

KERROW HERNANDEZ AN INDIVIDUAL

MANEET KAUR AN INDIVIDUAL

SIMPLIFIED LABOR STAFFING SOLUTIONS INC. A CALIFORNIA CORPORATION

Attorney/Law Firm Details

Plaintiff Attorney

GABRIEL GAVRIL

Defendant Attorneys

MARTIN RICARDO MANUEL

WERTHEIM MICHAEL ALEXANDER

 

Court Documents

Minute Order - MINUTE ORDER (HEARING ON DEMURRER - WITHOUT MOTION TO STRIKE)

7/19/2022: Minute Order - MINUTE ORDER (HEARING ON DEMURRER - WITHOUT MOTION TO STRIKE)

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

7/19/2022: Minute Order - MINUTE ORDER (CASE MANAGEMENT CONFERENCE; ORDER TO SHOW CAUSE RE: DISMISSAL...)

Order - COURT ORDER/RULING (HEARING 7-19-22)

7/19/2022: Order - COURT ORDER/RULING (HEARING 7-19-22)

Certificate of Mailing for - CERTIFICATE OF MAILING FOR (CASE MANAGEMENT CONFERENCE; ORDER TO SHOW CAUSE RE: DISMISSAL...) OF 07/19/2022

7/19/2022: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (CASE MANAGEMENT CONFERENCE; ORDER TO SHOW CAUSE RE: DISMISSAL...) OF 07/19/2022

Notice of Ruling

7/20/2022: Notice of Ruling

Minute Order - MINUTE ORDER (CASE MANAGEMENT CONFERENCE)

6/9/2022: Minute Order - MINUTE ORDER (CASE MANAGEMENT CONFERENCE)

Certificate of Mailing for - CERTIFICATE OF MAILING FOR (CASE MANAGEMENT CONFERENCE) OF 06/09/2022

6/9/2022: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (CASE MANAGEMENT CONFERENCE) OF 06/09/2022

Case Management Statement

12/20/2021: Case Management Statement

Case Management Statement

12/20/2021: Case Management Statement

Notice of Posting of Jury Fees

12/20/2021: Notice of Posting of Jury Fees

Case Management Statement

12/22/2021: Case Management Statement

Minute Order - MINUTE ORDER (CASE MANAGEMENT CONFERENCE)

1/4/2022: Minute Order - MINUTE ORDER (CASE MANAGEMENT CONFERENCE)

Notice - NOTICE NOTICE OF CASE MANAGEMENT CONFERENCE

1/5/2022: Notice - NOTICE NOTICE OF CASE MANAGEMENT CONFERENCE

Proof of Service by Mail

1/6/2022: Proof of Service by Mail

Motion to Be Relieved as Counsel

1/6/2022: Motion to Be Relieved as Counsel

Declaration in Support of Attorney's Motion to Be Relieved as Counsel-Civil

1/6/2022: Declaration in Support of Attorney's Motion to Be Relieved as Counsel-Civil

Stipulation and Order - STIPULATION AND ORDER JOINT STIPULATION TO EXTEND TIME FOR DEFENDANTS TO RESPOND TO COMPLAINT; [PROPOSED] ORDER THEREON

1/12/2022: Stipulation and Order - STIPULATION AND ORDER JOINT STIPULATION TO EXTEND TIME FOR DEFENDANTS TO RESPOND TO COMPLAINT; [PROPOSED] ORDER THEREON

Proof of Service - No Service

1/19/2022: Proof of Service - No Service

29 More Documents Available

 

Docket Entries

  • 09/02/2022
  • Hearing09/02/2022 at 1:30 PM in Department F at 12720 Norwalk Blvd., Norwalk, CA 90650; Non-Appearance Case Review

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  • 07/20/2022
  • DocketNotice of Ruling; Filed by Damco Distribution Services, Inc., a Delaware Corporation (Defendant)

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  • 07/19/2022
  • Docketat 10:30 AM in Department C, Olivia Rosales, Presiding; Hearing on Demurrer - without Motion to Strike - Held

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  • 07/19/2022
  • Docketat 1:30 PM in Department F; Order to Show Cause Re: Dismissal (as to why the case should not be dismissed for plaintiff's failure to appear and prosecute on 6/9/2022) - Held

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  • 07/19/2022
  • Docketat 1:30 PM in Department F, Margaret Miller Bernal, Presiding; Case Management Conference - Held

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  • 07/19/2022
  • DocketMinute Order ( (Hearing on Demurrer - without Motion to Strike)); Filed by Clerk

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  • 07/19/2022
  • DocketCertificate of Mailing for ((Case Management Conference; Order to Show Cause Re: Dismissal...) of 07/19/2022); Filed by Clerk

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  • 07/19/2022
  • DocketCourt Order/Ruling (Hearing 7-19-22); Filed by Clerk

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  • 07/19/2022
  • DocketMinute Order ( (Case Management Conference; Order to Show Cause Re: Dismissal...)); Filed by Clerk

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  • 06/09/2022
  • Docketat 1:30 PM in Department F, Margaret Miller Bernal, Presiding; Case Management Conference - Held - Continued

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29 More Docket Entries
  • 10/22/2021
  • DocketDeclaration (of Michael Wertheim Re: Plaintiffs' Failure to Meet and Confer Pursuant to Cal. Code Civ. Proc Section 30.41(a)(2) and Resulting 30-Day Extension for Defendants to File Responsive Pleading to Complaint); Filed by Damco Distribution Services, Inc., a Delaware Corporation (Defendant)

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  • 09/20/2021
  • DocketProof of Service by Substituted Service; Filed by Saul Sanchez, an individual (Plaintiff)

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  • 09/14/2021
  • DocketProof of Service - No Service; Filed by Saul Sanchez, an individual (Plaintiff)

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  • 09/14/2021
  • DocketProof of Service - No Service; Filed by Saul Sanchez, an individual (Plaintiff)

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  • 09/14/2021
  • DocketProof of Service - No Service; Filed by Saul Sanchez, an individual (Plaintiff)

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  • 09/01/2021
  • DocketCivil Case Cover Sheet; Filed by Saul Sanchez, an individual (Plaintiff)

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  • 09/01/2021
  • DocketNotice of Case Management Conference; Filed by Clerk

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  • 09/01/2021
  • DocketNotice of Case Assignment - Unlimited Civil Case; Filed by Clerk

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  • 09/01/2021
  • DocketSummons (on Complaint); Filed by Saul Sanchez, an individual (Plaintiff)

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  • 09/01/2021
  • DocketComplaint; Filed by Saul Sanchez, an individual (Plaintiff)

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Tentative Rulings

Case Number: *******0563 Hearing Date: July 19, 2022 Dept: SEC

SANCHEZ, et al. v. SIMPLIFIED LABOR STAFFING SOLUTIONS, INC., et al.

CASE NO.: *******0563

HEARING: 7/19/22 @ 10:30 AM

JUDGE: OLIVIA ROSALES

#6

TENTATIVE RULING

Defendant Damco Distribution Services Inc.’s unopposed demurrer to Plaintiff’s complaint is SUSTAINED. As there is no opposition, the court will hear from Plaintiff regarding any grounds warranting leave to amend.

Moving Party to give NOTICE.

Defendant Damco Distribution Services Inc. (“Damco”) demurs to all causes of action on the grounds that they fail to state facts sufficient to constitute a cause of action and are uncertain.

This is an employment action. Plaintiff Saul Sanchez alleges that he was hired by Simplified Labor Staffing Solutions, Inc. on June 19, 2019 as a Loader. Plaintiff primarily worked for Defendant Damco. In February 2020, Plaintiff had surgery and took time off from work to recover. Plaintiff returned to work in May of 2020 and discovered that Defendants were not abiding by face mask requirements. Plaintiff expressed concern and Keroow Hernandez told Plaintiff that he was being a “cry baby” and to go home. The next day, Hernandez would not let Plaintiff enter “after the show [Plaintiff] put on yesterday,” referring to Plaintiff’s request for mask compliance. Thereafter Plaintiff went home and was not paid for that day. During Plaintiff’s employment, Hernandez showed favoritism to African Americans, and treated Hispanics like Plaintiff in a disparate manner. Hernandez would say on multiple occasions, “here comes the Mexicans.” On May 22, 2020, Plaintiff reported Hernandez’s discriminatory treatment to Gene Roebuck. On May 25, 2020, Plaintiff complained to roebuck regarding the hostile and unsafe work environment. Plaintiff did not feel safe to return to work and picked up his final paycheck on May 26, 2020. The Complaint asserts causes of action for:

1. Failure to Pay Wages Upon Ending Employment

2. Failure to Pay Overtime Compensation

3. Failure to Pay Wages for Rest Break Periods

4. Failure to Pay Wages for Meal Break Periods

5. Waiting Time Penalties

6. Failure to Provide Accurate Itemized Wage Statements

7. Disability Discrimination

8. Race Discrimination

9. Hostile Work Environment Harassment

10. Retaliation [Gov. Code 12940(H)]

11. Retaliation [Labor Code 1102.5]

12. Failure to Prevent Harassment, Discrimination and Retaliation

13. Failure to Provide Reasonable Accommodation

14. Failure to Engage in Good Faith Interactive Process

15. Unfair and Unlawful Business Practices (In Violation of B&P 17200)

16. Wrongful Termination [In Violation of Public Policy].

The court finds the complaint is uncertain as to Plaintiff’s “joint employer” and “alter ego” allegations. The Complaint fails to assert facts supporting treatment of the entities as joint employers. Further, plaintiff alleges that Simplified and the two individual defendants, Kaur and Wahi are alter egos, but Plaintiff fails to allege facts supporting alter ego liability against Damco and any other entity or individual.

The court further finds that Plaintiff’s wage claims fail to allege sufficient facts supporting each claim.

Further, Plaintiff’s FEHA claims for disability and race discrimination fail to allege the adverse employment action. Plaintiff admits that he voluntarily resigned.

Plaintiff failed to file an opposition.

Accordingly, demurrer is SUSTAINED. The court will hear from Plaintiff regarding any grounds warranting leave to amend.



Case Number: *******0563 Hearing Date: February 2, 2022 Dept: C

SANCHEZ v. SIMPLIFIED LABOR STAFFING SOLUTIONS, INC.

CASE NO.: *******0563

HEARING: 02/02/22

#6

TENTATIVE ORDER

Gavril T. Gabriel and The Law Offices of Gavril T. Gabriel’s unopposed motion to withdraw as counsel of record for Plaintiff SAUL SANCHEZ is GRANTED. (C.R.C. 3.1362.)

Moving Party to give Notice.

No Opposition filed as of January 30, 2022.

The Court finds that Counsel has met the procedural requirements, including proper notice to the client at the last known residence or business address of the client. C.R.C. 3.1362.

Here, Counsel’s declaration indicates that “[t]here has been an irreconcilable breakdown in the attorney-client relationship, followed by a breakdown in communication.” Where the issue (or conflict) is between the lawyer and client, without implicating other parties, the court can rely on counsel’s sworn declaration absent any reason to doubt the representations.

There is an undisputed breakdown in attorney-client communications. It does not appear that Attorney Gabriel’s continued representation would serve the interests of justice. The motion to withdraw is GRANTED.

There is a Case Management Conference scheduled for April 4, 2022 in Dept. SE-F. For good cause, the parties may seek a continuance in Dept. SE-F, if necessary.



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