This case was last updated from San Francisco County Superior Courts on 11/14/2018 at 19:22:18 (UTC).

ELMER TEP CHAN VS. SENAIT AFEWERK et al

Case Summary

On 09/06/2012 ELMER TEP CHAN filed a Labor - Wage Claim lawsuit against SENAIT AFEWERK. This case was filed in San Francisco County Superior Courts, San Francisco County Civic Center Courthouse located in San Francisco, California. The Judges overseeing this case are HAROLD E. KAHN, MARLA J. MILLER and ERNEST H. GOLDSMITH. The case status is Not Classified By Court.
Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******2490

  • Filing Date:

    09/06/2012

  • Case Status:

    Not Classified By Court

  • Case Type:

    Labor - Wage Claim

  • 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

cm afewerk

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

ORDER SETTING ASIDE JUDGMENT (AS TO DEFENDANT ABREHA KIDANE ONLY)

ORDER

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,

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)

GENERIC CIVIL FILING (WITH FEE)

OPPOS. TO MTN TO SET ASIDE DEFAULT JUDGMENT FILED BY OTHER STATE LABOR COMMISSIONER (Fee:EXEMPT)

DECLARATION OF

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

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

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

DECLARATION OF M. COLLEEN RYAN IN SUPPORT OF OPPOS. TO MTN TO SET ASIDE DEFAULT JUDGMENT FILED BY OTHER STATE LABOR COMMISSIONER

EXECUTION FOR MONEY/POSSESSION/SALE RETURN

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

GENERIC CIVIL FILING (NO FEE)

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

NOTICE OF ENTRY OF ORDER/NOTICE OF RULING FILED TO SET ASIDE DEFAULT FILED BY PLAINTIFF CHAN, ELMER TEP

SUBSTITUTION OF ATTORNEY

SUBSTITUTION OF ATTORNEY: BROWN, JOHN C SUBSTITUTED FOR PRO PER AS ATTORNEY FOR KIDANE, ABREHA

GENERIC CIVIL FILING (NO FEE)

POS OF OPPOS. TO MTN TO REINSTATE; DEC.'S AND SUBSTITUTION OF ATTORNEY FILED BY DEFENDANT KIDANE, ABREHA

EXECUTION FOR MONEY/POSSESSION/SALE RETURN

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

MOTION (CIVIL GENERIC)

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

SUBSTITUTION OF ATTORNEY: KEEPERMAN, FRED SUBSTITUTED FOR PRO PER AS ATTORNEY FOR THE NATIONAL COLLECTION AGENCY, INC.,A CORPORATION

SUBSTITUTION OF ATTORNEY

SUBSTITUTION OF ATTORNEY: TOUR-SARKISSIAN, CHRISTINE SUBSTITUTED FOR PRO PER AS ATTORNEY FOR AFEWERK, SENAIT

12 More Documents Available

 

Docket Entries

  • 07/20/2015
  • DocketPayment : WRIT ISSUED; Amount : $25; Payment Type : CHECK; Receipt Number : W2115720W010

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  • 04/01/2015
  • DocketPayment : COURT REPORTER FEES < 1 HOUR; Amount : $30; Payment Type : ELECTRONIC; Receipt Number : W6615401R004

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  • 04/01/2015
  • DocketPayment : MOTION; Amount : $60; Payment Type : ELECTRONIC; Receipt Number : W6615401M003

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  • 08/02/2013
  • DocketPayment : COURT REPORTER FEES < 1 HOUR; Amount : $30; Payment Type : CHECK; Receipt Number : W3613802R019

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  • 08/02/2013
  • DocketPayment : MOTION; Amount : $60; Payment Type : CHECK; Receipt Number : W3613802M018

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  • 06/10/2013
  • DocketPayment : MOTION; Payment Type : EXEMPT; Receipt Number : W2213610M004

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  • 04/05/2013
  • DocketPayment : CIVIL FIRST PAPER ANSWER/RESPONSE/PLEADING; Payment Type : EXEMPT; Receipt Number : R1613405F029

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  • 03/06/2013
  • DocketPayment : COURT REPORTER FEES < 1 HOUR; Amount : $30; Payment Type : CHECK; Receipt Number : W2213306R003

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  • 03/06/2013
  • DocketPayment : CIVIL FIRST PAPER ANSWER/RESPONSE/PLEADING; Amount : $900; Payment Type : CHECK; Receipt Number : W2213306F002

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  • 01/07/2013
  • DocketPayment : WRIT ISSUED; Amount : $25; Payment Type : CHECK; Receipt Number : B5213107W002

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40 More Docket Entries
  • 03/07/2013
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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
  • DocketCOURT REPORTING SERVICES LESS THAN 1 HOUR FILED BY DEFENDANT AFEWERK, SENAIT KIDANE, ABREHA (Fee:$30.00)

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  • 03/06/2013
  • 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
  • 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
  • DocketABSTRACT OF JUDGMENT ISSUED TO ASSIGNEE THE NATIONAL COLLECTION AGENCY, INC.,A CORPORATION (Fee:$25.00)

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  • 11/21/2012
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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
  • 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
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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
  • 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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