ELMER TEP CHAN VS. SENAIT AFEWERK et al
Case Summary
Case Details
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Case Number:
*******2490
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Filing Date:
09/06/2012
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Case Status:
Not Classified By Court
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Case Type:
Labor - Wage Claim
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Courthouse:
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County, State:
San Francisco, California
Judge Details
Judges
HAROLD E. KAHN
MARLA J. MILLER
ERNEST H. GOLDSMITH
Party Details
Plaintiff
CHAN, ELMER TEP
Defendants
AFEWERK, SENAIT INDIVIDUALLY AND JOINTLY DBA NICK'S FOOD
San Francisco, CA 94112
KIDANE, ABREHA INDIVIDUALLY AND JOINTLY DBA NICK'S FOOD
San Francisco, CA 94112
AFEWERK, SENAIT
KIDANE, ABREHA
Assignee
THE NATIONAL COLLECTION AGENCY, INC.,A CORPORATION 1620 SCHOOL ST STE
105
Moraga, CA 94112
Other
STATE LABOR COMMISSIONER
Attorney/Law Firm Details
Plaintiff Attorney
LABOR COMMISSIONER, STATE OF CALIFORNIA
Attorney at DEPARTMENT OF INDUSTRIAL RELATIONS
455 Golden Gate Ave 10Th Flr.E
San Francisco, CA 94102
Defendant Attorneys
TOUR-SARKISSIAN, CHRISTINE
Attorney at TOUR-SARKISSIAN LAW OFFICES
211 Gough Street, Third Floor
San Francisco, CA 94102
BROWN, JOHN C
Attorney at REDENBACHER & BROWN LLP
575 Market Street, Ste. 3050
San Francisco, CA 94105
Assignee Attorney
KEEPERMAN, FRED
Attorney at ATTORNEY AT LAW
1620 School Street, Suite 107
Moraga, CA 94556
Other Attorney
RYAN, M. COLLEEN
Attorney at DEPARTMENT OF INDUSTRIAL RELATIONS DIVISION OF LABOR STANDARDS ENFORCEMENT
455 Golden Gate Ave, 9Th Fl
San Francisco, CA 94102
Court Documents
COST BILL AFTER JUDGMENT, $774.37 CREDIT ACKNOWLEDGED, $21,592.05 INTEREST, $592.20 COSTS, (TRANSACTION ID # 15154101) FILED BY ASSIGNEE THE NATIONAL COLLECTION AGENCY, INC.,A CORPORATION
ORDER SETTING ASIDE JUDGMENT (AS TO DEFENDANT ABREHA KIDANE ONLY)
ORDER REINSTATING JUDGMENT ENTERED SEPTEMBER 6, 2012 AND LIFTING THE STAY OF ENFORCEMENT OF THE JUDGMENT
NOTICE OF MOTION AND MOTION TO REINSTATE JUDGMENT ENTERED SEPTEMBER 6, 2012 AND SET ASIDE STAY OF ENFORCEMENT OF THE JUDGMENT (TRANSACTION ID # 15085089) FILED BY ASSIGNEE THE NATIONAL COLLECTION AGENCY, INC.,A CORPORATION HEARING SET FOR JUN-03-2015 AT 09:30 AM IN DEPT 302 (Fee:60.00)
OPPOS. TO MTN TO SET ASIDE DEFAULT JUDGMENT FILED BY OTHER STATE LABOR COMMISSIONER (Fee:EXEMPT)
DECLARATION OF ABREHA KIDANE IN SUPPORT OF OPPOS. TO APPLICATION BY LABOR COMMISSIONER TO REINSTATE CLERK'S JUDGMENT FILED BY DEFENDANT KIDANE, ABREHA
DECLARATION OF JOHN C BROWN IN SUPPORT OF OPPSO. TO APPLICATION BY LABOR COMMISSIONER TO REINSTATE CLERK'S FINAL JUDGMENT FILED BY DEFENDANT KIDANE, ABREHA
MEMORANDUM OF POINTS AND AUTHORITIES IN OPPOS. TO APPLICATION BY LABOR COMMISSIONER TO REINSTATE CLERK'S JUDGMENT IN FINAL ORDER FILED BY DEFENDANT KIDANE, ABREHA
DECLARATION OF M. COLLEEN RYAN IN SUPPORT OF OPPOS. TO MTN TO SET ASIDE DEFAULT JUDGMENT FILED BY OTHER STATE LABOR COMMISSIONER
RETURN OF EXECUTION FOR MONEY ISSUED TO LOS ANGELES COUNTY, RETURNED AND FILED, UNSATISFIED AS TO DEFENDANT AFEWERK, SENAIT INDIVIDUALLY AND JOINTLY DBA NICK'S FOOD KIDANE, ABREHA INDIVIDUALLY AND JOINTLY DBA NICK'S FOOD
PROOF OF SERVICE ON REPLY MEMORANDUM FILED BY DEFENDANT AFEWERK, SENAIT INDIVIDUALLY AND JOINTLY DBA NICK'S FOOD KIDANE, ABREHA INDIVIDUALLY AND JOINTLY DBA NICK'S FOOD
NOTICE OF ENTRY OF ORDER/NOTICE OF RULING FILED TO SET ASIDE DEFAULT FILED BY PLAINTIFF CHAN, ELMER TEP
SUBSTITUTION OF ATTORNEY: BROWN, JOHN C SUBSTITUTED FOR PRO PER AS ATTORNEY FOR KIDANE, ABREHA
POS OF OPPOS. TO MTN TO REINSTATE; DEC.'S AND SUBSTITUTION OF ATTORNEY FILED BY DEFENDANT KIDANE, ABREHA
RETURN OF EXECUTION FOR MONEY ISSUED TO SAN FRANCISCO COUNTY, RETURNED AND FILED, PARTIALLY SATISFIED IN THE SUM OF $774.37 AS TO DEFENDANT AFEWERK, SENAIT INDIVIDUALLY AND JOINTLY DBA NICK'S FOOD
NOTICE OF MOTION AND MOTION TO DISMISS FOR FAILURE TO POST UNDERTAKING, POINTS AND AUTHORITIES, DECLARATION FILED BY ASSIGNEE THE NATIONAL COLLECTION AGENCY, INC.,A CORPORATION HEARING SET FOR AUG-29-2013 AT 09:30 AM IN DEPT 302 (Fee:60.00)
SUBSTITUTION OF ATTORNEY: KEEPERMAN, FRED SUBSTITUTED FOR PRO PER AS ATTORNEY FOR THE NATIONAL COLLECTION AGENCY, INC.,A CORPORATION
SUBSTITUTION OF ATTORNEY: TOUR-SARKISSIAN, CHRISTINE SUBSTITUTED FOR PRO PER AS ATTORNEY FOR AFEWERK, SENAIT
Docket Entries
- 07/20/2015
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DocketPayment : WRIT ISSUED; Amount : $25; Payment Type : CHECK; Receipt Number : W2115720W010
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- 04/01/2015
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DocketPayment : COURT REPORTER FEES < 1 HOUR; Amount : $30; Payment Type : ELECTRONIC; Receipt Number : W6615401R004
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- 04/01/2015
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DocketPayment : MOTION; Amount : $60; Payment Type : ELECTRONIC; Receipt Number : W6615401M003
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- 08/02/2013
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DocketPayment : COURT REPORTER FEES < 1 HOUR; Amount : $30; Payment Type : CHECK; Receipt Number : W3613802R019
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- 08/02/2013
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DocketPayment : MOTION; Amount : $60; Payment Type : CHECK; Receipt Number : W3613802M018
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- 06/10/2013
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DocketPayment : MOTION; Payment Type : EXEMPT; Receipt Number : W2213610M004
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- 04/05/2013
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DocketPayment : CIVIL FIRST PAPER ANSWER/RESPONSE/PLEADING; Payment Type : EXEMPT; Receipt Number : R1613405F029
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- 03/06/2013
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DocketPayment : COURT REPORTER FEES < 1 HOUR; Amount : $30; Payment Type : CHECK; Receipt Number : W2213306R003
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- 03/06/2013
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DocketPayment : CIVIL FIRST PAPER ANSWER/RESPONSE/PLEADING; Amount : $900; Payment Type : CHECK; Receipt Number : W2213306F002
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- 01/07/2013
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DocketPayment : WRIT ISSUED; Amount : $25; Payment Type : CHECK; Receipt Number : B5213107W002
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- 03/07/2013
- View Court Documents
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DocketDECLARATION OF SENAIT AFEWERK IN SUPPORT OF MOTIN TO SET ASIDE DEFAULT AND DEFAULT JUDGMENT FILED BY DEFENDANT AFEWERK, SENAIT
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- 03/06/2013
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DocketCOURT REPORTING SERVICES LESS THAN 1 HOUR FILED BY DEFENDANT AFEWERK, SENAIT KIDANE, ABREHA (Fee:$30.00)
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- 03/06/2013
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DocketMOTION FOR SET ASIDE/VACATE JUDGMENT FILED BY DEFENDANT AFEWERK, SENAIT KIDANE, ABREHA HEARING SET FOR APR-18-2013 AT 09:30 AM IN DEPT 302 (Fee:$900.00)
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- 01/07/2013
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DocketEXECUTION FOR MONEY ISSUED TO SAN FRANCISCO COUNTY AS TO DEFENDANT AFEWERK, SENAIT INDIVIDUALLY AND JOINTLY DBA NICK'S FOOD (Fee:$25.00)
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- 01/07/2013
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DocketABSTRACT OF JUDGMENT ISSUED TO ASSIGNEE THE NATIONAL COLLECTION AGENCY, INC.,A CORPORATION (Fee:$25.00)
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- 11/21/2012
- View Court Documents
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DocketCOST BILL AFTER JUDGMENT, $.00 CREDIT ACKNOWLEDGED, $1,603.58 INTEREST, $.00 COSTS FILED BY ASSIGNEE THE NATIONAL COLLECTION AGENCY, INC.,A CORPORATION
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- 11/15/2012
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DocketABSTRACT OF JUDGMENT ISSUED TO ASSIGNEE THE NATIONAL COLLECTION AGENCY, INC.,A CORPORATION (Fee:$25.00)
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- 10/25/2012
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DocketNOTICE OF ASSIGNMENT OF JUDGMENT FILED BY ASSIGNEE THE NATIONAL COLLECTION AGENCY, INC.,A CORPORATION AS TO DEFENDANT AFEWERK, SENAIT INDIVIDUALLY AND JOINTLY DBA NICK'S FOOD KIDANE, ABREHA INDIVIDUALLY AND JOINTLY DBA NICK'S FOOD
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- 09/06/2012
- View Court Documents
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DocketUNDER APPLICATION TO THE CLERK FOR JUDGMENT UNDER SEC 585(1) C.C.P., IT IS ADJUDGED THAT PLAINTIFF CHAN, ELMER TEP RECOVER FROM DEFENDANT AFEWERK, SENAIT INDIVIDUALLY AND JOINTLY DBA NICK'S FOOD KIDANE, ABREHA INDIVIDUALLY AND JOINTLY DBA NICK'S FOOD $78,147.49 PRINCIPAL, $541.69 INTEREST, $410.00 COSTS, TOTAL JUDGMENT $79,099.18, SEE SCANNED DOCUMENT
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- 09/06/2012
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DocketREQUEST THAT CLERK ENTER JUDGMENT ON FINAL ORDER, DECISION OR AWARD OF THE LABOR COMMISSIONER FILED BY PLAINTIFF CHAN, ELMER TEP AS TO DEFENDANT AFEWERK, SENAIT INDIVIDUALLY AND JOINTLY DBA NICK'S FOOD KIDANE, ABREHA INDIVIDUALLY AND JOINTLY DBA NICK'S FOOD JUDICIAL COUNCIL CIVIL CASE COVER SHEET FILED (Fee:$EXEMPT)
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Tentative Rulings
| Case Number: | *******2490 | |
| Case Title: | ELMER TEP CHAN VS. SENAIT AFEWERK et al | |
| Court Date: | JUN-03-2015 09:30 AM | |
| Calendar Matter: | Notice Of Motion And Motion To Reinstate Judgment Entered September 6, 2012 And Set Aside Stay Of Enforcement Of The Judgment | |
| Rulings: | Matter on calendar for Wednesday, June 3, 2015, Line 2, ASSIGNEE THE NATIONAL COLLECTION AGENCY, INC.'S Motion To Reinstate Judgment Entered September 6, 2012 And Set Aside Stay Of Enforcement Of The Judgment.Granted. No opposition filed. Any party who contests a tentative ruling must send an email to contestdept302tr@sftc.org with a copy to all other parties by 4pm stating, without argument, the portion(s) of the tentative ruling that the party contests. The subject line of the email shall include the line number, case name and case number. The prevailing party is required to prepare a proposed order with the name and address of the prevailing party's counsel or the prevailing party if pro per in the top left of the first page of proposed order which repeats verbatim the substantive portion of the tentative ruling and must bring the proposed order to the hearing or email it to contestdept302tr@sftc.org prior to the hearing even if the motion is not opposed or the tentative ruling is not contested. =(302/HK) |
| Case Number: | *******2490 | |
| Case Title: | ELMER TEP CHAN VS. SENAIT AFEWERK et al | |
| Court Date: | AUG-29-2013 09:30 AM | |
| Calendar Matter: | Notice Of Motion And Motion To Dismiss For Failure To Post Undertaking | |
| Rulings: | Matter on Calendar for Thursday, August 29, 2013, Line 3. ASSIGNEE THE NATIONAL COLLECTION AGENCY, INC.'S Motion To Dismiss For Failure To Post Undertaking. Off calendar. Calendared in error. =(302/MJM) |
| Case Number: | *******2490 | |
| Case Title: | ELMER TEP CHAN VS. SENAIT AFEWERK et al | |
| Court Date: | JUL-10-2013 09:30 AM | |
| Calendar Matter: | App To Reinstate Clerk'S Judgmnt On Final Order; Noticer | |
| Rulings: | Matter on calendar for Wednesday, July 10, 2013, Line 4, OTHER STATE LABOR COMMISSIONER's application To Reinstate Clerk'S Judgment On Final Order.Denied. On May 17, 2013, State Labor Commissioner mail served the Order, Decision and Award. On May 25, 2013, Mr. Kidane timely filed with the Court a Notice of Appeal in case no. 531654. (Lab. Code u00A7 98.2(a).) Any party who contests a tentative ruling must send an email to contestdept302tr@sftc.org with a copy to all other parties by 4pm stating, without argument, the portion(s) of the tentative ruling that the party contests. The prevailing party is required to prepare a proposed order with the name and address of the prevailing party's counsel or the prevailing party if pro per in the top left of the first page of proposed order which repeats verbatim the substantive portion of the tentative ruling and must bring the proposed order to the hearing or email it to contestdept302tr@sftc.org prior to the hearing even if the motion is not opposed or the tentative ruling is not contested. =(302/EHG) |
| Case Number: | *******2490 | |
| Case Title: | ELMER TEP CHAN VS. SENAIT AFEWERK et al | |
| Court Date: | APR-18-2013 09:30 AM | |
| Calendar Matter: | MOTION FOR SET ASIDE/VACATE JUDGMENT | |
| Rulings: | Set for hearing on Thursday, April 18, 2013, Line 3, DEFENDANTS SENAIT AFEWERK, ABREHA KIDANE'S MOTION FOR SET ASIDE/VACATE JUDGMENTHearing required. The Court is inclined to grant in part and deny in part. The motion to set aside judgment as to Defendant Abreha Kidane is unopposed (and actually requested by) the Labor Commissioner and therefore is granted. The motion to set aside judgment as to Defendant Senait Afewerk is denied. Code of Civil Procedure section 473 does not apply in these circumstances. See Pressler v. Donald Bren Co. (1982) 32 Cal. 3d 831. In effect, Defendant Afewerk is asking the court to set aside a judgment so that it can take a timely appeal from the Labor Commissioner's decision and have a de novo trial to this Court. This is not permitted under the reasoning of Pressler. Counsel for State Labor Commission shall be prepared to address what new proceedings, if any, will take place before the Labor Commission or this Court in light of its request to set aside judgment as to Defendant Kidane, and whether Labor Commissioner intends to stay execution of judgment as to Defendant Afewerk while those proceedings are pending. =(302/MJM) |
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