Preview
Electronically
Electronically FILED
FILED by
by Superior
Superior Court
Court of
of California,
California, County
County of
of Los
Los Angeles
Angeles on
on 02/18/2021
02/18/2021 04:23
04:23 PM
PM Sherri
Sherri R.
R. Carter,
Carter, Executive
Executive Officer/Clerk
Officer/Clerk of
of Court,
Court, by
by R.
R. Clifton,Deputy
Clifton,Deputy Clerk
Clerk
21STCV06610
Assigned for all purposes to: Stanley Mosk Courthouse, Judicial Officer: Gregory Keosian
1 NO FEE PER LABOR CODE
SECTIONS 101, 101.5 &
2 GOVERNMENT CODE §6103
3 CALIFORNIA LABOR COMMISSIONER
DIVISION OF LABOR STANDARDS ENFORCEMENT
4 DEPARTMENT OF INDUSTRIAL RELATIONS, STATE OF CALIFORNIA
5 BY: MELVIN YEE, State Bar No. 241569
MATTHEW SIROLLY, State Bar No. 239984
6 3737 Main St., St. 850
Riverside, CA 92501
7 Tel: (951) 248-0256
Fax: (213) 897-2877
8
Attorney for PLAINTIFF,
9 CALIFORNIA LABOR COMMISSIONER
10
SUPERIOR COURT OF THE STATE OF CALIFORNIA
11
COUNTY OF LOS ANGELES
12
UNLIMITED CIVIL
13
14
_______________________________________ Case No.:
15 )
STATE LABOR COMMISSIONER, CHIEF, ) COMPLAINT
16 DIVISION OF LABOR STANDARDS )
) 1) FAILURE TO TURN OVER
ENFORCEMENT, DIR, STATE OF )
17 CALIFORNIA ASSETS PURSUANT TO LEVY
) (CA LAB. § 96.8)
PLAINTIFF, )
18
v. )
19 WELLS FARGO BANK, NATIONAL ) 2) FAILURE TO TURN OVER
ASSOCIATION; and DOES 1-25, inclusive, ) ASSETS PURSUANT TO LEVY
20 ) (CA CCP § 699.010 et. seq.)
)
DEFENDANTs. )
21
)
22 )
)
) VERIFIED ANSWER REQUIRED
23 PURSUANT TO CALIFORNIA CODE OF
)
24 ) CIVIL PROCEDURE SECTION 446
)
25 )
)
26
27
28 1
Labor Commissioner v. Wells Fargo Bank, National Association.
COMPLAINT
1 Plaintiff State Labor Commissioner, Chief, Division of Labor Standards Enforcement,
2 Department of Industrial Relations, State of California (hereinafter “LABOR COMMISSIONER”
3 or “PLAINTIFF”) hereby complains and alleges against DEFENDANT WELLS FARGO BANK,
4 NATIONAL ASSOCATION (hereinafter “DEFENDANT WELLS FARGO” or “DEFENDANT”)
5 and DOES 1-25 as follows:
6 PLAINTIFF brings this action to address DEFENDANT’s failure to turn over monies
7 subject to levy. The levies arose from judgments issued against judgment debtors not party to this
8 civil matter. These judgment debtors had failed to pay wages, damages, and other amounts due to
9 their Labor Code violations.
10 JURISDICTION, VENUE, AND STATUTE OF LIMITATIONS
11 1. This Court has jurisdiction over all causes of action asserted in this Complaint
12 pursuant to Article VI, Section 10 of the California Constitution, because this case is a cause not
13 given by statute to any other trialcourt. This Court has jurisdiction over DEFENDANT named
14 herein because DEFENDANT operate in the State of California.
15 2. Venue is proper in this Court because the injuries alleged occurred in Los Angeles
16 County and DEFENDANT in this action has operations, or operates, in Los Angeles County.
17 (See, Cal. Code Civ. Proc. §392.
18
19 PARTIES
20 A. PLAINTIFF
21 3. LABOR COMMISSIONER, CHIEF, DIVISION OF LABOR STANDARDS
22 ENFORCMENT. The LABOR COMMISSIONER is charged with enforcing all labor laws of the
23 state not specifically vested in any other office, board or commission. This includes the
24 investigation and determination that wages and monetary benefits are due and unpaid to any
25 worker in the state and may collect such wages and benefits on behalf of the workers without
26 assignment of such wages and benefits to the PLAINTIFF. (Labor Code §§61 and 79, et seq.). For
27 this matter, LABOR COMMISSIONER is pursuing recovery of monies subject to levy and not
28 2
Labor Commissioner v. Wells Fargo Bank, National Association.
COMPLAINT
1 turned over as required by California law.
2 B. DEFENDANTS
3 4. WELLS FARGO BANK, NATIONAL ASSOCIATION: DEFENDANT
4 WELLS FARGO BANK, NATIONAL ASSOCIATION is a bank organized under the National
5 Bank Act. DEFENDANT WELLS FARGO was doing business at all times relevant to this action
6 in Los Angeles County, California.
7 5. DOE DEFENDANTS: The true names and capacities of the DEFENDANTS sued
8 herein as DOES 1 through 25 are unknown to the PLAINTIFF, and therefore PLAINTIFF sues
9 these DEFENDANTs by such fictitious names. PLAINTIFF will amend this Complaint to allege
10 their true names and capacities when ascertained. PLAINTIFF is informed and believes and on
11 that basis alleges that each of the fictitiously-named DEFENDANTS is responsible for the
12 occurrences and injuries herein alleged.
13
14 FIRST CAUSE OF ACTION
15 FAILURE TO TURN OVER ASSETS PURSUANT TO LEVY (CA LAB. § 96.8)
16 (PLAINTIFF AGAINST DEFENDANTS)
17 6. The First Cause of Action is alleged by PLAINTIFF against DEFENDANT
18 WELLS FARGO and DOES 1-25. PLAINTIFF re-alleges and incorporates by reference every
19 allegation contained in the preceding paragraphs of this Complaint as though set forth fully herein.
20 7. Labor Code section 96.8(a) authorizes the LABOR COMMISSIONER to issue a
21 notice of levy and levy on 3rd party entities having in their possession, or will have in their
22 possession or under their control, any credits, money, or property belonging to a judgment debtor,
23 or who owe any debt to the judgment debtor at the time they receive notice of levy. Labor Code
24 section 96.8(c) further provides 3rd parties receiving such notice of levy and levy shall turn over
25 such property in their possession, or will have in their possession or under their control, any
26 credits, money, or property belonging to a judgment debtor, or who owe any debt to the judgment
27 debtor. This obligation to turn over property lasts for one year after the levy occurs. Labor Code
28 3
Labor Commissioner v. Wells Fargo Bank, National Association.
COMPLAINT
1 Section 96.8(f) provides that failure to turn over such property after level renders the 3rd party
2 entity liable for an amount equal to the value of the credits, money, or other property not turned
3 over.
4 8. On January 29, 2018, the Orange County Superior Court issued two (2) judgments
5 against Irvine Auto Towing, Inc, Aram Yaco, and Noel Yaqo (collectively “Judgment Debtors”)
6 for various California Labor code violations including failure to pay their employees’ wages. The
7 first judgment ordered payment of $3,335,250.11 from Judgment Debtors. This judgment was
8 issued in the matter of the LABOR COMMISSIONER vs. Irvine Auto Towing, Inc, Aram Yaco,
9 and Noel Yaqo (Case No. 30-2018-00969904-CU-EN-CJC). The second judgment ordered
10 payment from Judgment Debtors of $143,750.00. This judgment was issued in the matter of
11 LABOR COMMISSIONER vs. Irvine Auto Towing, Inc, Aram Yaco, and Noel Yaqo (Case No.
12 30-2018-00969881-CU-EN-CJC) (collectively “Irvine Judgments”).
13 9. On February 23, 2018, the LABOR COMMISSIONER served levies for the Irvine
14 Judgments on DEFENDANT for all credits, monies, property in possession of DEFENDANT and
15 for any amounts DEFENDANT owed to Judgment Debtor (“Irvine Levies”).
16 10. The Irvine Levies resulted in DEFENDANT’s legal obligation to turn over all
17 credits, monies, and property in its possession of Judgment Debtors from when the Irvine Levies
18 were issued to one year after issuance.
19 11. In July 2018, DEFENDANT WELLS FARGO responded via a Memo of Garnishee
20 stating that only $30,244.58 was subject to the Irvine levies. This amount was subsequently turned
21 over to the LABOR COMMISSIONER.
22 12. In August 2019, LABOR COMMISSIONER sent a letter notifying DEFENDANT
23 of their failure to turn over the money subject to the Irvine levies. The letter identified the amount
24 to be not less than $727,638.57.
25 13. To date, DEFENDANT has not turned over the monies subject to levy as required
26 by the Irvine Levies and California law which is not less than $727,638.57.
27 14. To date, DEFENDANT has not turned over all credits, monies, or property as
28 4
Labor Commissioner v. Wells Fargo Bank, National Association.
COMPLAINT
1 required by the Irvine Levies and California law.
2 15. Based on the above information and belief, and thereupon allege, DEFENDANT
3 has improperly withheld and failed to turn over monies subject to levy as required by California
4 law.
5
6 SECOND CAUSE OF ACTION
7 FAILURE TO TURN OVER ASSETS PURSUANT TO LEVY (CA CCP § 699.010 et. seq.)
8 (PLAINTIFF AGAINST DEFENDANTS)
9 16. The Second Cause of Action is alleged by PLAINTIFF against DEFENDANT
10 WELLS FARGO and DOES 1-25. PLAINTIFF re-alleges and incorporates by reference every
11 allegation contained in the preceding paragraphs of this Complaint as though set forth fully herein.
12 17. California Code of Civil Procedure sections 690.020 et. seq. states the LABOR
13 COMMISSIONER’s notice of levy and levy pursuant to California Labor Code section 96.8 has
14 the same effect as a levy pursuant to a writ of execution under California law. California Code of
15 Civil Procedure section 701.010 provides for 3rd party recipients of a notice of levy and levy to
16 turn over properties subject to such a levy. California Code of Civil Procedure section 701.020
17 states that failure to turn over property subject to such levies results in the 3rd party liability for the
18 value of the judgment debtor’s interest in the property or payments that should have been turned
19 over or the amount necessary to satisfy the levy. This section also provides that the court may
20 determine that costs and reasonable attorney’s fees be awarded to the judgment creditor when
21 establishing such liability for failure to turn over property subject to levy.
22 18. On January 29, 2018, the Orange County Superior Court issued two (2) judgments
23 against Irvine Auto Towing, Inc, Aram Yaco, and Noel Yaqo (collectively “Judgment Debtors”)
24 for various California Labor code violations including failure to pay their employees’ wages. The
25 first judgment ordered payment of $3,335,250.11 from Judgment Debtors. This judgment was
26 issued in the matter of the LABOR COMMISSIONER vs. Irvine Auto Towing, Inc, Aram Yaco,
27 and Noel Yaqo (Case No. 30-2018-00969904-CU-EN-CJC). The second judgment ordered
28 5
Labor Commissioner v. Wells Fargo Bank, National Association.
COMPLAINT
1 payment from Judgment Debtors of $143,750.00. This judgment was issued in the matter of
2 LABOR COMMISSIONER vs. Irvine Auto Towing, Inc, Aram Yaco, and Noel Yaqo (Case No.
3 30-2018-00969881-CU-EN-CJC) (collectively “Irvine Judgments”).
4 19. On February 23, 2018, the LABOR COMMISSIONER served levies for the Irvine
5 Judgments on DEFENDANT for all credits, monies, property in possession of DEFENDANT and
6 for any amounts DEFENDANT owed to Judgment Debtor (“Irvine Levies”).
7 20. The Irvine Levies resulted in DEFENDANT’s legal obligation to turn over all
8 credits, monies, and property in its possession of Judgment Debtors from when the Irvine Levies
9 were issued to one year after issuance.
10 21. In July 2018, DEFENDANT WELLS FARGO responded via a Memo of Garnishee
11 stating that only $30,244.58 was subject to the Irvine levies. This amount was subsequently turned
12 over to the LABOR COMMISSIONER.
13 22. In August 2019, LABOR COMMISSIONER sent a letter notifying DEFENDANT
14 of their failure to turn over the money subject to the Irvine levies. The letter identified the amount
15 to be not less than $727,638.57.
16 23. To date, DEFENDANT has not turned over the monies subject to levy as required
17 by the Irvine Levies and California law which is not less than $727,638.57.
18 24. To date, DEFENDANT has not turned over all credits, monies, or property as
19 required by the Irvine Levies and California law.
20 25. Based on the above information and belief, and thereupon allege, DEFENDANT
21 has improperly withheld and failed to turn over monies subject to levy as required by California
22 law.
23 //
24 //
25
26
27
28 6
Labor Commissioner v. Wells Fargo Bank, National Association.
COMPLAINT
1 PRAYER FOR RELIEF
2 WHEREFORE, PLAINTIFF prays for the following relief:
3 I. As to ALL CAUSES OF ACTION:
4 1. For DEFENDANTS’ to turn over all monies subject to levy improperly withheld,
5 or if unable to turnover those monies then liability of DEFENDANTS for not less
6 than the amount of monies improperly withheld and not turned over. This amount
7 should be not less than $727,638.57;
8 2. For costs of suit herein incurred;
9 3. For attorneys’ fees pursuant to California statute (as applicable);
10 4. For such other and further relief as the Court may deem proper.
11
Date: February 18, 2021
12 STATE OF CALIFORNIA
DEPARTMENT OF INDUSTRIAL RELATIONS
13 DIVISION OF LABOR STANDARDS ENFORCEMENT
14
15 By: __________________________________________
Melvin Yee, Esq. Attorney for PLAINTIFF LABOR
16 COMMISSIONER
17
18
19
20
21
22
23
24
25
26
27
28 7
Labor Commissioner v. Wells Fargo Bank, National Association.
COMPLAINT
Preview
Electronically Electronically FILED FILED by by Superior Superior Court Court of of California, California, County County of of Los Los Angeles Angeles on on 02/18/2021 02/18/2021 04:23 04:23 PM PM Sherri Sherri R. R. Carter, Carter, Executive Executive Officer/Clerk Officer/Clerk of of Court, Court, by by R. R. Clifton,Deputy Clifton,Deputy Clerk Clerk 21STCV06610 Assigned for all purposes to: Stanley Mosk Courthouse, Judicial Officer: Gregory Keosian 1 NO FEE PER LABOR CODE SECTIONS 101, 101.5 & 2 GOVERNMENT CODE §6103 3 CALIFORNIA LABOR COMMISSIONER DIVISION OF LABOR STANDARDS ENFORCEMENT 4 DEPARTMENT OF INDUSTRIAL RELATIONS, STATE OF CALIFORNIA 5 BY: MELVIN YEE, State Bar No. 241569 MATTHEW SIROLLY, State Bar No. 239984 6 3737 Main St., St. 850 Riverside, CA 92501 7 Tel: (951) 248-0256 Fax: (213) 897-2877 8 Attorney for PLAINTIFF, 9 CALIFORNIA LABOR COMMISSIONER 10 SUPERIOR COURT OF THE STATE OF CALIFORNIA 11 COUNTY OF LOS ANGELES 12 UNLIMITED CIVIL 13 14 _______________________________________ Case No.: 15 ) STATE LABOR COMMISSIONER, CHIEF, ) COMPLAINT 16 DIVISION OF LABOR STANDARDS ) ) 1) FAILURE TO TURN OVER ENFORCEMENT, DIR, STATE OF ) 17 CALIFORNIA ASSETS PURSUANT TO LEVY ) (CA LAB. § 96.8) PLAINTIFF, ) 18 v. ) 19 WELLS FARGO BANK, NATIONAL ) 2) FAILURE TO TURN OVER ASSOCIATION; and DOES 1-25, inclusive, ) ASSETS PURSUANT TO LEVY 20 ) (CA CCP § 699.010 et. seq.) ) DEFENDANTs. ) 21 ) 22 ) ) ) VERIFIED ANSWER REQUIRED 23 PURSUANT TO CALIFORNIA CODE OF ) 24 ) CIVIL PROCEDURE SECTION 446 ) 25 ) ) 26 27 28 1 Labor Commissioner v. Wells Fargo Bank, National Association. COMPLAINT 1 Plaintiff State Labor Commissioner, Chief, Division of Labor Standards Enforcement, 2 Department of Industrial Relations, State of California (hereinafter “LABOR COMMISSIONER” 3 or “PLAINTIFF”) hereby complains and alleges against DEFENDANT WELLS FARGO BANK, 4 NATIONAL ASSOCATION (hereinafter “DEFENDANT WELLS FARGO” or “DEFENDANT”) 5 and DOES 1-25 as follows: 6 PLAINTIFF brings this action to address DEFENDANT’s failure to turn over monies 7 subject to levy. The levies arose from judgments issued against judgment debtors not party to this 8 civil matter. These judgment debtors had failed to pay wages, damages, and other amounts due to 9 their Labor Code violations. 10 JURISDICTION, VENUE, AND STATUTE OF LIMITATIONS 11 1. This Court has jurisdiction over all causes of action asserted in this Complaint 12 pursuant to Article VI, Section 10 of the California Constitution, because this case is a cause not 13 given by statute to any other trialcourt. This Court has jurisdiction over DEFENDANT named 14 herein because DEFENDANT operate in the State of California. 15 2. Venue is proper in this Court because the injuries alleged occurred in Los Angeles 16 County and DEFENDANT in this action has operations, or operates, in Los Angeles County. 17 (See, Cal. Code Civ. Proc. §392. 18 19 PARTIES 20 A. PLAINTIFF 21 3. LABOR COMMISSIONER, CHIEF, DIVISION OF LABOR STANDARDS 22 ENFORCMENT. The LABOR COMMISSIONER is charged with enforcing all labor laws of the 23 state not specifically vested in any other office, board or commission. This includes the 24 investigation and determination that wages and monetary benefits are due and unpaid to any 25 worker in the state and may collect such wages and benefits on behalf of the workers without 26 assignment of such wages and benefits to the PLAINTIFF. (Labor Code §§61 and 79, et seq.). For 27 this matter, LABOR COMMISSIONER is pursuing recovery of monies subject to levy and not 28 2 Labor Commissioner v. Wells Fargo Bank, National Association. COMPLAINT 1 turned over as required by California law. 2 B. DEFENDANTS 3 4. WELLS FARGO BANK, NATIONAL ASSOCIATION: DEFENDANT 4 WELLS FARGO BANK, NATIONAL ASSOCIATION is a bank organized under the National 5 Bank Act. DEFENDANT WELLS FARGO was doing business at all times relevant to this action 6 in Los Angeles County, California. 7 5. DOE DEFENDANTS: The true names and capacities of the DEFENDANTS sued 8 herein as DOES 1 through 25 are unknown to the PLAINTIFF, and therefore PLAINTIFF sues 9 these DEFENDANTs by such fictitious names. PLAINTIFF will amend this Complaint to allege 10 their true names and capacities when ascertained. PLAINTIFF is informed and believes and on 11 that basis alleges that each of the fictitiously-named DEFENDANTS is responsible for the 12 occurrences and injuries herein alleged. 13 14 FIRST CAUSE OF ACTION 15 FAILURE TO TURN OVER ASSETS PURSUANT TO LEVY (CA LAB. § 96.8) 16 (PLAINTIFF AGAINST DEFENDANTS) 17 6. The First Cause of Action is alleged by PLAINTIFF against DEFENDANT 18 WELLS FARGO and DOES 1-25. PLAINTIFF re-alleges and incorporates by reference every 19 allegation contained in the preceding paragraphs of this Complaint as though set forth fully herein. 20 7. Labor Code section 96.8(a) authorizes the LABOR COMMISSIONER to issue a 21 notice of levy and levy on 3rd party entities having in their possession, or will have in their 22 possession or under their control, any credits, money, or property belonging to a judgment debtor, 23 or who owe any debt to the judgment debtor at the time they receive notice of levy. Labor Code 24 section 96.8(c) further provides 3rd parties receiving such notice of levy and levy shall turn over 25 such property in their possession, or will have in their possession or under their control, any 26 credits, money, or property belonging to a judgment debtor, or who owe any debt to the judgment 27 debtor. This obligation to turn over property lasts for one year after the levy occurs. Labor Code 28 3 Labor Commissioner v. Wells Fargo Bank, National Association. COMPLAINT 1 Section 96.8(f) provides that failure to turn over such property after level renders the 3rd party 2 entity liable for an amount equal to the value of the credits, money, or other property not turned 3 over. 4 8. On January 29, 2018, the Orange County Superior Court issued two (2) judgments 5 against Irvine Auto Towing, Inc, Aram Yaco, and Noel Yaqo (collectively “Judgment Debtors”) 6 for various California Labor code violations including failure to pay their employees’ wages. The 7 first judgment ordered payment of $3,335,250.11 from Judgment Debtors. This judgment was 8 issued in the matter of the LABOR COMMISSIONER vs. Irvine Auto Towing, Inc, Aram Yaco, 9 and Noel Yaqo (Case No. 30-2018-00969904-CU-EN-CJC). The second judgment ordered 10 payment from Judgment Debtors of $143,750.00. This judgment was issued in the matter of 11 LABOR COMMISSIONER vs. Irvine Auto Towing, Inc, Aram Yaco, and Noel Yaqo (Case No. 12 30-2018-00969881-CU-EN-CJC) (collectively “Irvine Judgments”). 13 9. On February 23, 2018, the LABOR COMMISSIONER served levies for the Irvine 14 Judgments on DEFENDANT for all credits, monies, property in possession of DEFENDANT and 15 for any amounts DEFENDANT owed to Judgment Debtor (“Irvine Levies”). 16 10. The Irvine Levies resulted in DEFENDANT’s legal obligation to turn over all 17 credits, monies, and property in its possession of Judgment Debtors from when the Irvine Levies 18 were issued to one year after issuance. 19 11. In July 2018, DEFENDANT WELLS FARGO responded via a Memo of Garnishee 20 stating that only $30,244.58 was subject to the Irvine levies. This amount was subsequently turned 21 over to the LABOR COMMISSIONER. 22 12. In August 2019, LABOR COMMISSIONER sent a letter notifying DEFENDANT 23 of their failure to turn over the money subject to the Irvine levies. The letter identified the amount 24 to be not less than $727,638.57. 25 13. To date, DEFENDANT has not turned over the monies subject to levy as required 26 by the Irvine Levies and California law which is not less than $727,638.57. 27 14. To date, DEFENDANT has not turned over all credits, monies, or property as 28 4 Labor Commissioner v. Wells Fargo Bank, National Association. COMPLAINT 1 required by the Irvine Levies and California law. 2 15. Based on the above information and belief, and thereupon allege, DEFENDANT 3 has improperly withheld and failed to turn over monies subject to levy as required by California 4 law. 5 6 SECOND CAUSE OF ACTION 7 FAILURE TO TURN OVER ASSETS PURSUANT TO LEVY (CA CCP § 699.010 et. seq.) 8 (PLAINTIFF AGAINST DEFENDANTS) 9 16. The Second Cause of Action is alleged by PLAINTIFF against DEFENDANT 10 WELLS FARGO and DOES 1-25. PLAINTIFF re-alleges and incorporates by reference every 11 allegation contained in the preceding paragraphs of this Complaint as though set forth fully herein. 12 17. California Code of Civil Procedure sections 690.020 et. seq. states the LABOR 13 COMMISSIONER’s notice of levy and levy pursuant to California Labor Code section 96.8 has 14 the same effect as a levy pursuant to a writ of execution under California law. California Code of 15 Civil Procedure section 701.010 provides for 3rd party recipients of a notice of levy and levy to 16 turn over properties subject to such a levy. California Code of Civil Procedure section 701.020 17 states that failure to turn over property subject to such levies results in the 3rd party liability for the 18 value of the judgment debtor’s interest in the property or payments that should have been turned 19 over or the amount necessary to satisfy the levy. This section also provides that the court may 20 determine that costs and reasonable attorney’s fees be awarded to the judgment creditor when 21 establishing such liability for failure to turn over property subject to levy. 22 18. On January 29, 2018, the Orange County Superior Court issued two (2) judgments 23 against Irvine Auto Towing, Inc, Aram Yaco, and Noel Yaqo (collectively “Judgment Debtors”) 24 for various California Labor code violations including failure to pay their employees’ wages. The 25 first judgment ordered payment of $3,335,250.11 from Judgment Debtors. This judgment was 26 issued in the matter of the LABOR COMMISSIONER vs. Irvine Auto Towing, Inc, Aram Yaco, 27 and Noel Yaqo (Case No. 30-2018-00969904-CU-EN-CJC). The second judgment ordered 28 5 Labor Commissioner v. Wells Fargo Bank, National Association. COMPLAINT 1 payment from Judgment Debtors of $143,750.00. This judgment was issued in the matter of 2 LABOR COMMISSIONER vs. Irvine Auto Towing, Inc, Aram Yaco, and Noel Yaqo (Case No. 3 30-2018-00969881-CU-EN-CJC) (collectively “Irvine Judgments”). 4 19. On February 23, 2018, the LABOR COMMISSIONER served levies for the Irvine 5 Judgments on DEFENDANT for all credits, monies, property in possession of DEFENDANT and 6 for any amounts DEFENDANT owed to Judgment Debtor (“Irvine Levies”). 7 20. The Irvine Levies resulted in DEFENDANT’s legal obligation to turn over all 8 credits, monies, and property in its possession of Judgment Debtors from when the Irvine Levies 9 were issued to one year after issuance. 10 21. In July 2018, DEFENDANT WELLS FARGO responded via a Memo of Garnishee 11 stating that only $30,244.58 was subject to the Irvine levies. This amount was subsequently turned 12 over to the LABOR COMMISSIONER. 13 22. In August 2019, LABOR COMMISSIONER sent a letter notifying DEFENDANT 14 of their failure to turn over the money subject to the Irvine levies. The letter identified the amount 15 to be not less than $727,638.57. 16 23. To date, DEFENDANT has not turned over the monies subject to levy as required 17 by the Irvine Levies and California law which is not less than $727,638.57. 18 24. To date, DEFENDANT has not turned over all credits, monies, or property as 19 required by the Irvine Levies and California law. 20 25. Based on the above information and belief, and thereupon allege, DEFENDANT 21 has improperly withheld and failed to turn over monies subject to levy as required by California 22 law. 23 // 24 // 25 26 27 28 6 Labor Commissioner v. Wells Fargo Bank, National Association. COMPLAINT 1 PRAYER FOR RELIEF 2 WHEREFORE, PLAINTIFF prays for the following relief: 3 I. As to ALL CAUSES OF ACTION: 4 1. For DEFENDANTS’ to turn over all monies subject to levy improperly withheld, 5 or if unable to turnover those monies then liability of DEFENDANTS for not less 6 than the amount of monies improperly withheld and not turned over. This amount 7 should be not less than $727,638.57; 8 2. For costs of suit herein incurred; 9 3. For attorneys’ fees pursuant to California statute (as applicable); 10 4. For such other and further relief as the Court may deem proper. 11 Date: February 18, 2021 12 STATE OF CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS 13 DIVISION OF LABOR STANDARDS ENFORCEMENT 14 15 By: __________________________________________ Melvin Yee, Esq. Attorney for PLAINTIFF LABOR 16 COMMISSIONER 17 18 19 20 21 22 23 24 25 26 27 28 7 Labor Commissioner v. Wells Fargo Bank, National Association. COMPLAINT