This case was last updated from Los Angeles County Superior Courts on 10/15/2020 at 07:14:35 (UTC).

SILVIANO CEDANO QUEZADA VS JOHN ESPOSITO ET AL

Case Summary

On 04/18/2018 SILVIANO CEDANO QUEZADA filed a Labor - Wrongful Termination lawsuit against JOHN ESPOSITO. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is DAVID SOTELO. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****2521

  • Filing Date:

    04/18/2018

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Labor - Wrongful Termination

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judge

DAVID SOTELO

 

Party Details

Plaintiff and Petitioner

QUEZADA SILVIANO CEDANO

Defendants and Respondents

DOES 1 TO 100

JOHN ESPOSITO PORSCHE REPAIR

ESPOSITO JOHN

Attorney/Law Firm Details

Plaintiff and Petitioner Attorneys

DARGAHI SHAWN S. ESQ.

DARGAHI SHAHRAM S. ESQ.

Defendant and Respondent Attorneys

CALL & JENSEN A PROF CORP

EGLEY JOHN THOMAS

 

Court Documents

Statement of the Case

9/28/2020: Statement of the Case

Notice - NOTICE OF RULING AT OSC RE: ENTRY OF DEFAULT JUDGMENT

9/2/2020: Notice - NOTICE OF RULING AT OSC RE: ENTRY OF DEFAULT JUDGMENT

Minute Order - MINUTE ORDER (HEARING ON MOTION FOR TERMINATING SANCTIONS)

8/14/2019: Minute Order - MINUTE ORDER (HEARING ON MOTION FOR TERMINATING SANCTIONS)

Certificate of Mailing for - CERTIFICATE OF MAILING FOR (ORDER TO SHOW CAUSE RE: ENTRY OF DEFAULT JUDGMENT; ORDER TO S...) OF 01/09/2020

1/9/2020: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (ORDER TO SHOW CAUSE RE: ENTRY OF DEFAULT JUDGMENT; ORDER TO S...) OF 01/09/2020

Minute Order - MINUTE ORDER (ORDER TO SHOW CAUSE RE: ENTRY OF DEFAULT JUDGMENT; ORDER TO S...)

1/9/2020: Minute Order - MINUTE ORDER (ORDER TO SHOW CAUSE RE: ENTRY OF DEFAULT JUDGMENT; ORDER TO S...)

Minute Order - MINUTE ORDER (STATUS CONFERENCE POST ADR; ORDER TO SHOW CAUSE RE: ENTRY OF ...)

9/9/2019: Minute Order - MINUTE ORDER (STATUS CONFERENCE POST ADR; ORDER TO SHOW CAUSE RE: ENTRY OF ...)

Minute Order - MINUTE ORDER (NUNC PRO TUNC ORDER)

8/15/2019: Minute Order - MINUTE ORDER (NUNC PRO TUNC ORDER)

Motion to Compel - MOTION TO COMPEL DEFENDANT JOHN ESPOSITO TO APPEAR FOR DEPOSITION ON A DATE CERTAIN; REQUEST FOR MONETARY SANCTIONS IN THE AMOUNT OF $4,939.00; DECLARATION OF SHAWN S. DARGAHI

8/7/2019: Motion to Compel - MOTION TO COMPEL DEFENDANT JOHN ESPOSITO TO APPEAR FOR DEPOSITION ON A DATE CERTAIN; REQUEST FOR MONETARY SANCTIONS IN THE AMOUNT OF $4,939.00; DECLARATION OF SHAWN S. DARGAHI

Order - ORDER PLAINTIFF'S EX PARTE APPLICATION FOR AN ORDER COMPELLING DEFENDANT, JOHN ESPOSITO'S ATTENDANCE AT DEPOSITION ON A DATE CERTAIN

6/21/2019: Order - ORDER PLAINTIFF'S EX PARTE APPLICATION FOR AN ORDER COMPELLING DEFENDANT, JOHN ESPOSITO'S ATTENDANCE AT DEPOSITION ON A DATE CERTAIN

Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion

6/27/2019: Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion

Motion to Be Relieved as Counsel

3/13/2019: Motion to Be Relieved as Counsel

Declaration - DECLARATION DECLARATION OF ELLEN C. COHEN IN SUPPORT OF STATEMENT OF NON-OPPOSITION TO MOTION TO BE RELIEVED AS DEFENSE COUNSEL

4/8/2019: Declaration - DECLARATION DECLARATION OF ELLEN C. COHEN IN SUPPORT OF STATEMENT OF NON-OPPOSITION TO MOTION TO BE RELIEVED AS DEFENSE COUNSEL

Minute Order - MINUTE ORDER (HEARING ON MOTION TO BE RELIEVED AS COUNSEL; HEARING ON MOTIO...)

4/15/2019: Minute Order - MINUTE ORDER (HEARING ON MOTION TO BE RELIEVED AS COUNSEL; HEARING ON MOTIO...)

Order - ORDER ORDER RE: PLAINTIFF'S MOTION TO COMPEL COMPLIANCE WITH REQUEST FOR PRODUCTION OF DOCUMENTS

5/28/2019: Order - ORDER ORDER RE: PLAINTIFF'S MOTION TO COMPEL COMPLIANCE WITH REQUEST FOR PRODUCTION OF DOCUMENTS

Minute Order -

8/10/2018: Minute Order -

NOTICE OF CASE MANAGEMENT CONFERENCE

4/25/2018: NOTICE OF CASE MANAGEMENT CONFERENCE

ORDER TO SHOW CAUSE HEARING

4/25/2018: ORDER TO SHOW CAUSE HEARING

COMPLAINT FOR: (1) MISCLASSIFICATION;ETC

4/18/2018: COMPLAINT FOR: (1) MISCLASSIFICATION;ETC

69 More Documents Available

 

Docket Entries

  • 10/15/2020
  • Hearing10/15/2020 at 08:30 AM in Department 40 at 111 North Hill Street, Los Angeles, CA 90012; Order to Show Cause Re: entry of default judgment

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  • 09/28/2020
  • DocketStatement of Damages (Personal Injury or Wrongful Death); Filed by Silviano Cedano Quezada (Plaintiff)

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  • 09/28/2020
  • DocketRequest for Dismissal; Filed by Silviano Cedano Quezada (Plaintiff)

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  • 09/28/2020
  • DocketRequest for Entry of Default / Judgment; Filed by Silviano Cedano Quezada (Plaintiff)

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  • 09/28/2020
  • DocketStatement of the Case; Filed by Silviano Cedano Quezada (Plaintiff)

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  • 09/28/2020
  • DocketRequest for Dismissal (Without prejudice, as to Does 1 through 100 Only); Filed by Silviano Cedano Quezada (Plaintiff)

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  • 09/28/2020
  • DocketDeclaration (Declaration of Shawn S. Dargahi, Esq. in Support of Request for Entry of Default Judgment); Filed by Silviano Cedano Quezada (Plaintiff)

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  • 09/02/2020
  • DocketNotice (OF RULING AT OSC RE: ENTRY OF DEFAULT JUDGMENT); Filed by Silviano Cedano Quezada (Plaintiff)

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  • 08/28/2020
  • Docketat 08:30 AM in Department 40; Order to Show Cause Re: (entry of default judgment) - Held - Continued

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  • 08/28/2020
  • Docketat 08:30 AM in Department 40; Order to Show Cause Re: (entry of default) - Held

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132 More Docket Entries
  • 05/18/2018
  • DocketProof of Service (not Summons and Complaint); Filed by Silviano Cedano Quezada (Plaintiff)

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  • 05/18/2018
  • DocketProof of Service (not Summons and Complaint); Filed by Silviano Cedano Quezada (Plaintiff)

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  • 05/17/2018
  • DocketProof of Service

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  • 04/25/2018
  • DocketNOTICE OF CASE MANAGEMENT CONFERENCE

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  • 04/25/2018
  • DocketORDER TO SHOW CAUSE HEARING

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  • 04/25/2018
  • DocketOSC-Failure to File Proof of Serv; Filed by Clerk

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  • 04/25/2018
  • DocketNotice of Case Management Conference; Filed by Clerk

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  • 04/18/2018
  • DocketCOMPLAINT FOR: (1) MISCLASSIFICATION;ETC

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  • 04/18/2018
  • DocketComplaint; Filed by Silviano Cedano Quezada (Plaintiff)

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  • 04/18/2018
  • DocketSUMMONS

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Tentative Rulings

Case Number: BC702521    Hearing Date: October 15, 2020    Dept: 40

DEFAULT JUDGMENT PROVE-UP CHECKLIST

(CRC Rule 3.1800)

Case Name: Silviano Cedano Quezada v. John Esposito Case #: BC702521

Hearing Date: 10/15/20 (OSC Re: entry of default judgment)

Defaulting Party: Defendant John Esposito Total Amount: $579,559.58

BACKGROUND: This is a wage and hour claim by Plaintiff Silviano Cedano Quezada (“Plaintiff”) against Defendant John Esposito and John Esposito Porsche Repair, his former employer.

[X] DEFAULT ENTERED ON: 11/7/19 against Defendant

[X] MANDATORY JUDICIAL COUNCIL FORM CIV-100 SUBMITTED FOR ENTRY OF

COURT JUDGMENT (CRC 3.1800(a))

[X] SERVICE:

Complaint and Summons

[X] DECLARATION OF MAILING -- Request for Entry of Default to Defendant (CCP § 587)

[X] NO PENDING MOTION TO VACATE DEFAULT

[X] SUMMARY OF CASE PROVIDED (CRC 3.1800(a)(1)) - or other declaration OK [ ]

[X] EVIDENTIARY DECLARATIONS/OTHER EVIDENCE (CRC 3.1800(a)(2))

[X] RELIEF PRAYED FOR IN COMPLAINT (same as requested in default?): [ ] yes [X] no

[X] Compensatory: $ See Statement of Damages (250k punitive damages)

Special: $

General: $

[X] Interest: $ 31,402.90

[X] Costs: $ 994.00

[X] Attorney’ Fees: $ 70, 875.00

Total: $ 579, 559.58

[X] INTEREST COMPUTATIONS (CRC 3.1800(a)(3))

[X] ATTORNEY FEE DECLARATION -- Request according to Local Rule 3.214 or reason provided why greater fees should be allowed (CRC 3.1800(b))

[X] Request for atty fees allowed by Lab. Code 1194, 218

[X] MEMORANDUM OF COSTS (CRC 3.1800(a)(4))

[X] STATEMENT OF DAMAGES (CCP § 425.11):

[X] PI/Death Case [X] Punitive demanded [ ] Accounting

[ ] Evidence of net worth of defendant? [ ] Yes [X] No

[X] DECLARATION OF NON-MILITARY STATUS executed within 6 months?

Date: 11-7-19

[X] REQUEST FOR DISMISSAL OF DOES (CRC 3.1800(a)(7))

[ ] If not, authority/basis for several judgment (CCP § 579)

[N/A] WAS DEFAULTING DEFENDANT A DOE? (CCP § 474) - must do one of the following:

[N/A] ORIGINALS Promissory note or other written obligation to pay money must be provided for cancellation by the Clerk per CRC 3.1806

[X] PROPOSED FORM OF JUDGMENT INCLUDED (CRC 3.1800(a)(6))

TENTATIVE RULING: CONTINUED The matter is continued because Plaintiff must correct/provide the following:

• A declaration from Plaintiff for evidentiary support for the claims.

• Plaintiff requests $250,000 in punitive damages but has not provided evidence of

Defendant’s net worth.

• Plaintiff’s proposed form of judgment is missing the Defendant’s name and the sums

Requested: Plaintiff to calculate and then fill-in the proposed numbers.