This case was last updated from Los Angeles County Superior Courts on 06/29/2022 at 04:31:37 (UTC).

SYLVESTER LEWIS, ON BEHALF OF HIMSELF AND AGGRIEVED EMPLYEES VS SIMPLIFIED LABOR STAFFING SOLUTIONS, INC., ET AL.

Case Summary

On 07/16/2020 SYLVESTER LEWIS, ON BEHALF OF HIMSELF AND AGGRIEVED EMPLYEES filed a Labor - Other Labor lawsuit against SIMPLIFIED LABOR STAFFING SOLUTIONS, INC . This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judges overseeing this case are MALCOLM MACKEY and MAREN NELSON. The case status is Pending - Other Pending.
Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******6893

  • Filing Date:

    07/16/2020

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Labor - Other Labor

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judges

MAREN NELSON

MALCOLM MACKEY

 

Party Details

Plaintiff and Respondent

SYLVESTER LEWIS ON BEHALF OF HIMSELF AND AGGRIEVED EMPLYEES

Appellants and Defendants

SIMPLIFIED LABOR STAFFING SOLUTIONS INC.

SIMPLIFIED STAFFING LABOR SOLUTIONS LLC

Defendants and Appellants

DAMCO USA INC.

DAMCO DISTRIBUTION SERVICES INC.

SIMPLIFIED LABOR STAFFING SOLUTIONS INC.

SIMPLIFIED STAFFING LABOR SOLUTIONS LLC

MAERSK INC.

Attorney/Law Firm Details

Plaintiff Attorney

MAHONEY KEVIN

Defendant Attorneys

WERTHEIM MICHAEL A.

KEMPLE MARK

MCLOUGHLIN EDWARD SEAN

WERTHEIM MICHAEL ALEXANDER

KEMPLE MARK DAVID

 

Court Documents

Answer

5/3/2021: Answer

Appeal - Notice of Appeal/Cross Appeal Filed

5/10/2021: Appeal - Notice of Appeal/Cross Appeal Filed

Notice - NOTICE NOTICE OF STAY PENDING APPEAL

5/11/2021: Notice - NOTICE NOTICE OF STAY PENDING APPEAL

Appeal - Notice of Filing of Notice of Appeal

5/21/2021: Appeal - Notice of Filing of Notice of Appeal

Appeal - Ntc Designating Record of Appeal APP-003/010/103

5/25/2021: Appeal - Ntc Designating Record of Appeal APP-003/010/103

Minute Order - MINUTE ORDER (HEARING ON MOTION BY DEFENDANT DAMCO DISTRIBUTION INC., TO CO...)

4/12/2021: Minute Order - MINUTE ORDER (HEARING ON MOTION BY DEFENDANT DAMCO DISTRIBUTION INC., TO CO...)

Certificate of Mailing for - CERTIFICATE OF MAILING FOR (HEARING ON MOTION BY DEFENDANT DAMCO DISTRIBUTION INC., TO CO...) OF 04/12/2021

4/12/2021: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (HEARING ON MOTION BY DEFENDANT DAMCO DISTRIBUTION INC., TO CO...) OF 04/12/2021

Declaration - DECLARATION OF KEVIN MAHONEY IN SUPPORT OF PLAINTIFF SYLVESTER LEWIS'S MOTION FOR SANCTIONS

4/7/2021: Declaration - DECLARATION OF KEVIN MAHONEY IN SUPPORT OF PLAINTIFF SYLVESTER LEWIS'S MOTION FOR SANCTIONS

Motion for Sanctions

4/7/2021: Motion for Sanctions

Proof of Service (not Summons and Complaint)

4/7/2021: Proof of Service (not Summons and Complaint)

Opposition - OPPOSITION PLAINTIFF SYLVESTER LEWIS'S OPPOSITION TO DEFENDANTS' PETITION TO COMPEL ARBITRATION AND STAY PENDING ACTION

3/30/2021: Opposition - OPPOSITION PLAINTIFF SYLVESTER LEWIS'S OPPOSITION TO DEFENDANTS' PETITION TO COMPEL ARBITRATION AND STAY PENDING ACTION

Reply - REPLY DEFENDANTS DAMCO DISTRIBUTION SERVICES INC.'S, MAERSK INC.'S AND DAMCO USA INC'S REPLY IN SUPPORT OF DEMURRER TO PLAINTIFF SYLVESTER LEWIS' COMPLAINT OR IN THE ALTERNATIVE MOTION TO STAY

4/5/2021: Reply - REPLY DEFENDANTS DAMCO DISTRIBUTION SERVICES INC.'S, MAERSK INC.'S AND DAMCO USA INC'S REPLY IN SUPPORT OF DEMURRER TO PLAINTIFF SYLVESTER LEWIS' COMPLAINT OR IN THE ALTERNATIVE MOTION TO STAY

Reply - REPLY IN SUPPORT OF PETITION TO COMPEL ARBITRATION

4/5/2021: Reply - REPLY IN SUPPORT OF PETITION TO COMPEL ARBITRATION

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

1/5/2021: Minute Order - MINUTE ORDER (HEARING ON DEMURRER - WITHOUT MOTION TO STRIKE)

Request for Judicial Notice

12/21/2020: Request for Judicial Notice

Opposition - OPPOSITION TO DEFENDANTS DAMCO DISTRIBUTION SERVICES INC.S, MAERSK INC.S AND DAMCO USA INCS DEMURRER TO PLAINTIFFS COMPLAINT OR IN THE ALTERNATIVE MOTION TO STAY THE ACTION

12/21/2020: Opposition - OPPOSITION TO DEFENDANTS DAMCO DISTRIBUTION SERVICES INC.S, MAERSK INC.S AND DAMCO USA INCS DEMURRER TO PLAINTIFFS COMPLAINT OR IN THE ALTERNATIVE MOTION TO STAY THE ACTION

Minute Order - MINUTE ORDER (CASE MANAGEMENT CONFERENCE)

12/9/2020: Minute Order - MINUTE ORDER (CASE MANAGEMENT CONFERENCE)

Minute Order - MINUTE ORDER (CASE MANAGEMENT CONFERENCE)

11/16/2020: Minute Order - MINUTE ORDER (CASE MANAGEMENT CONFERENCE)

31 More Documents Available

 

Docket Entries

  • 09/06/2022
  • Hearing09/06/2022 at 09:00 AM in Department 55 at 111 North Hill Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 08/26/2022
  • Hearing08/26/2022 at 08:30 AM in Department 55 at 111 North Hill Street, Los Angeles, CA 90012; Final Status Conference

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  • 05/25/2021
  • DocketAppeal - Ntc Designating Record of Appeal APP-003/010/103; Filed by Simplified Labor Staffing Solutions, Inc. (Appellant); Simplified Staffing Labor Solutions, LLC (Appellant)

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  • 05/21/2021
  • DocketAppeal - Notice of Filing of Notice of Appeal; Filed by Clerk

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  • 05/20/2021
  • Docketat 08:30 AM in Department 55, Malcolm Mackey, Presiding; Hearing on Motion for Sanctions - Not Held - Taken Off Calendar by Party

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  • 05/11/2021
  • DocketNotice (Notice of Stay Pending Appeal); Filed by Simplified Labor Staffing Solutions, Inc. (Defendant); Simplified Staffing Labor Solutions, LLC (Defendant)

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  • 05/10/2021
  • DocketAppeal - Notice of Appeal/Cross Appeal Filed; Filed by Simplified Labor Staffing Solutions, Inc. (Appellant); Simplified Staffing Labor Solutions, LLC (Appellant)

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  • 05/03/2021
  • DocketAnswer; Filed by Maersk Inc. (Defendant); Damco USA Inc. (Defendant); Damco Distribution Services Inc. (Defendant)

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  • 04/12/2021
  • Docketat 08:30 AM in Department 55, Malcolm Mackey, Presiding; Hearing on Demurrer - without Motion to Strike - Held

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  • 04/12/2021
  • Docketat 08:30 AM in Department 55, Malcolm Mackey, Presiding; Case Management Conference - Held

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33 More Docket Entries
  • 10/20/2020
  • DocketNotice of Related Case; Filed by Damco Distribution Services Inc. (Defendant)

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  • 10/16/2020
  • Docketat 2:27 PM in Department 17, Maren Nelson, Presiding; Court Order

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  • 10/16/2020
  • DocketMinute Order ( (Court Order re: Related Case)); Filed by Clerk

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  • 10/16/2020
  • DocketCertificate of Mailing for ((Court Order re: Related Case) of 10/16/2020); Filed by Clerk

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  • 09/24/2020
  • DocketNotice of Related Case; Filed by Simplified Labor Staffing Solutions, Inc. (Defendant); Simplified Staffing Labor Solutions, LLC (Defendant)

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  • 08/24/2020
  • DocketNotice of Case Management Conference; Filed by Clerk

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  • 07/16/2020
  • DocketNotice of Case Assignment - Unlimited Civil Case; Filed by Clerk

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  • 07/16/2020
  • DocketCivil Case Cover Sheet; Filed by Sylvester Lewis, on behalf of himself and aggrieved emplyees (Plaintiff)

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  • 07/16/2020
  • DocketSummons (on Complaint); Filed by Sylvester Lewis, on behalf of himself and aggrieved emplyees (Plaintiff)

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  • 07/16/2020
  • DocketComplaint; Filed by Sylvester Lewis, on behalf of himself and aggrieved emplyees (Plaintiff)

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Tentative Rulings

Case Number: *******6893    Hearing Date: April 12, 2021    Dept: 55

LEWIS v. SIMPLIFIED LABOR STAFFING SOLUTIONS, INC. *******6893

Hearing Date: 4/12/21 Dept. 55

#3: DEMURRER TO PLAINTIFF SYLVESTER LEWIS’ COMPLAINT OR IN THE ALTERNATIVE MOTION TO STAY THE ACTION.

Tentative Ruling

The demurrer is overruled. Twenty days to answer.

The Court exercises its discretion to not stay this case, because the other action involves only some parties to this action, and resolution as to them is already in the settlement resolution phase, such that long abatement of this action would constitute needless delay.

“[W]hen a federal action has been filed covering the same subject matter as is involved in a California action, the California court has the discretion but not the obligation to stay the state court action.” Caiafa Prof. Law Corp. v. State Farm Fire & Cas. Co. (1993) 15 Cal. App. 4th 800, 804. See also Berg v. MTC Electronics Technologies (1998) 61 Cal.App.4th 349, 362 (“We regard Caiafa as an instance of forum non conveniens analysis.”). As to another action pending in a federal or sister-state court, “the principle of comity may call for a discretionary refusal of the court to entertain the second suit pending determination of the first-filed action.” Gregg v. Sup. Ct. (1987) 194 Cal.App.3d 134, 136, 138 (finding abuse of discretion as to order staying action in the only forum that could provide the relief). Accord Simmons v. Sup. Ct. (1950) 96 Cal.App.2d 119, 125-26.

Further, uncertainty is a disfavored ground. Demurrers for uncertainty are strictly construed, because discovery can be used for clarification, and apply where defendants cannot reasonably determine what issues or claims are stated. Khoury v. Maly’s of Cal., Inc. (1993) 14 Cal.App.4th 612, 616. Regarding uncertainty, "[t]here is no need to require specificity in the pleadings because 'modern discovery procedures necessarily affect the amount of detail that should be required in a pleading.'” Ludgate Ins. Co. v. Lockheed Martin Corp. (2000) 82 Cal.App.4th 592, 608. “[S]pecific dates and details . . . are properly addressed during discovery, not on demurrer.” People v. Highland Fed. Sav. & Loan (1993) 14 Cal. App. 4th 1692, 1716.

A complaint under PAGA must allege compliance with exhaustion requirements (Lab. C. ; 2699.3), specify which Labor Code violations underlie the claim, and allege any representative class action under Code of Civil Procedure Section 382. USS-Posco Indus. v. Case (2016) 244 Cal. App. 4th 197, 222.

Employees who, on behalf of himself and other employees, sue employers, need not satisfy class-action requirements to seek civil penalties under the Private Attorneys General Act of 2004 (PAGA) (Lab.C. ;2698 et seq.). Arias v. Sup. Ct. (2009) 46 Cal.4th 969, 975.

In a wage-and-hour case, plaintiffs only have the burden to show sufficient evidence of the amount and extent of work performed in support of just and reasonable inferences of an approximate amount, and then the burden then shifts to employers to either evidence the precise amount of work performed, or to negate the reasonableness of the inferences. Aguiar v. Cintas Corp. No. 2 (2006) 144 Cal.App.4th 121, 135; CACI 2703. “California courts have shifted the burden of proof to employers when inadequate records prevent employees from proving their claims for unpaid overtime hours.” Amaral v. Cintas Corporation No. 2 (2008) 163 Cal.App.4th 1157, 1189.

Finally, more onerous federal pleading requirements are inapposite in state court. Federal case law is not binding upon California courts, and may be only persuasive in some circumstances. Alameida v. State Personnel Bd. (2004) 120 Cal. App. 4th 46, 61. California courts are not bound to follow decisions of lower federal courts. People v. Sup. Ct. (2002) 103 Cal. App. 4th 409, 431.


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