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SUPERIOR COURT OF CALIFORNIA - COUNTY OF FRESNO mere“ by:
Civil Department - Unlimited
TlTLE OF CASE:
JD Rentals vs Aimee Orozco
Case Number:
LAW AND MOTION MINUTE ORDER — COURT S ,
RULING 15CECG03065
Hearing Date: 11/25/15 Hearing Type: Labor Commissioner Appeal
Department: 401 Judge/Temporary Judge: Dale lkeda
Court Clerk: V.Serrano Reporterfl' ape: From Chambers
Appearing Parties:
Plaintiff: Defendant:
Counsel: Counsel:
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X The matter having been taken under advisement, Court now orders: The Court adopts the legal analysis set forth in the
Labor Commissioner’s order of September 22, 2015, and awards judgment in favor of Orozco and against Appellants as
follows: 1. $114.00 in unpaid wages 2. $108 in liquidated damages pursuant to Labor Code section 1194.2(a) 3. Interest of
$7.48 pursuant to Labor Code sections 98.1© and 1194.2(a) and Civil Code Section 3289 to September 22, 2015, and 10%
thereafter; and, 4. $2,280.50 in penalties pursuant to Labor Code section 203. See attached document.
E] Continued to C] Set for At Dept. for
I: Submitted on points and authorities with/without argument. E] Matter isargued and submitted.
[3 Upon and
D
filing Of points authorities.
[I Motion is granted [3 in partand denied in part. |:] Motion isdenied with/without prejudice.
Matter is taken out of advisement.
D Demurrer
D overruled
D alftiamed days to
D answer
E amend
[j Tentative ruling becomes the order Of the court. No further order is necessary.
[1 Pursuant toCRC 391(a) and GOP section 1019.5(a), no further order is necessary. The minute order adopting the
E
tentative ruling serves as the order of the court.
Service by the clerk will constitute notice Of the order.
C} Time for amendment Of the complaint runs from the date the clerk serves the minute order.
[3 Parties sworn and testified.
E] Judgment debtor failed to appear.
Bench warrant issued inthe amount of $
Judgment:
D Money damages
Principal $
l:] Default
Interest $
C] Other
Costs $ Attorney fees
entered
$
in the amount
Total $
of:
|:| Claim of exemption [:I granted El denied. Court orders withholdings modified to $ per
D
Further, court orders:
D Monies held by levying Officerto be S released tojudgment creditor. returned tojudgment debtor.
D $ to be released tojudgment creditor and balance returned tojudgment debtor.
El Levying Officer, County Of ,
notified. l:| Writ to issue
[1 Notice to be 15 days. Restitution of Premises
D
filed within I:]
Other:
BCV-14 E11-01
Mandatory Form LAW AND MOTION MINUTE ORDER
JD HOME RENTALS v. AIMEE OROZCO. ET AL.
15CECGO3065
Statement of Decision (attachment)
This isan appeal from a Labor Commissioner Order dated September 22, 2015. A trialde novo was held
on November 18, 2015. Mr. Armo, attorney for Appellants, conceded that Appellants owed Respondent
Aimee Orozco ("Orozco") wages of $114, but argued that penalties pursuant to Labor Code section 203
and liquidated damages pursuant to Labor Code section 1194.2(a) were improper.
Orozco testifiedshe terminated her employment with JD Home Rentals on May 22, 2015, and has never
received payment for 12 hours worked. Appellant Bryce Hovannisian, a principal partner ofJD Home
Rentals and itsOperations Manager, testified that by the time of the Labor Commissioner hearing on
September 22, 2015, he was aware that Orozco was owed for 12 hours worked on May 20 and 21, 2015,
at $9.50 per hour for a total of $114. (See Appellant’s Ex. 3.) At the Labor Commissioner hearing on
September 22, 2015, he offered Orozco a check for $104.25 ($114 gross less $8.72 F.|.C.A. and $1.03
S.D.I) by Bank of America check No. 10237 as full settlement of Orozco's claim. (See Appellant’s Ex. 6)
She rejected the offer. Orozco was not required to waive her claims for interest, liquidated damages
and penalties in exchange for the check, which Appellants could have provided her prior to the Labor
Commissioner hearing without conditions. To the date of the appeal, Appellants have not paid Orozco
the $114 she was due. Consequently, the Court finds Appellants have willful failure to pay pursuant to
Labor Code section 203.
The Court adopts the legal analysis set forth in the Labor Commissioner’s order of September 22, 2015,
and awards judgment in favor of Orozco and against Appellants as follows:
1. $114 in unpaid wages;
. $108 in liquidated damages pursuant to Labor Code section 1194.2(a);
3. Interest of $7.48 pursuant to Labor Code sections 98.1© and 1194.2(a) and CivilCode section
3289 to September 22, 2015, and 10% thereafter; and,
4. $2,280.50 in penalties pursuant to labor Code section 203.
CASE TITLE CASE NUMBER:
JD Rentals vs Aimee Orozco 150ECGO3065
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CLERK’S CERTIFICATE OF MAILING
My
I certify thatI am not a party to this cause and that a true copy of the Corrected Minute Order dated 11I18I15, Courts
Rulling Minute Order dated 11/25/15, & Exhibit List was mailed first class, postage fully prepaid, in a sealed envelope
addressed as shown below, and that the notice was mailed at Fresno, California, on:
Date: November 30, 2015 Clerk, by Deputy
fl
.
fl
V.Serrano
I_—~ [___
Law Office of Lance E. Armo Aimee Orozco
L
264 Clovis Ave, Ste. 204 2469 S. Maple Ave
Clovis, Ca 93612 Fresno, Ca 93725
I__ I__ __J
l__ l___ T‘TI
F
I
I
I
1 I I I
L— ___I I—
[I Clerk‘s Certificate of Mailing Additional Address Page Attached
CLERK'S CERTIFICATE OF MAILING
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SUPERIOR COURT OF CALIFORNIA - COUNTY OF FRESNO mere“ by: Civil Department - Unlimited TlTLE OF CASE: JD Rentals vs Aimee Orozco Case Number: LAW AND MOTION MINUTE ORDER — COURT S , RULING 15CECG03065 Hearing Date: 11/25/15 Hearing Type: Labor Commissioner Appeal Department: 401 Judge/Temporary Judge: Dale lkeda Court Clerk: V.Serrano Reporterfl' ape: From Chambers Appearing Parties: Plaintiff: Defendant: Counsel: Counsel: ~ X The matter having been taken under advisement, Court now orders: The Court adopts the legal analysis set forth in the Labor Commissioner’s order of September 22, 2015, and awards judgment in favor of Orozco and against Appellants as follows: 1. $114.00 in unpaid wages 2. $108 in liquidated damages pursuant to Labor Code section 1194.2(a) 3. Interest of $7.48 pursuant to Labor Code sections 98.1© and 1194.2(a) and Civil Code Section 3289 to September 22, 2015, and 10% thereafter; and, 4. $2,280.50 in penalties pursuant to Labor Code section 203. See attached document. E] Continued to C] Set for At Dept. for I: Submitted on points and authorities with/without argument. E] Matter isargued and submitted. [3 Upon and D filing Of points authorities. [I Motion is granted [3 in partand denied in part. |:] Motion isdenied with/without prejudice. Matter is taken out of advisement. D Demurrer D overruled D alftiamed days to D answer E amend [j Tentative ruling becomes the order Of the court. No further order is necessary. [1 Pursuant toCRC 391(a) and GOP section 1019.5(a), no further order is necessary. The minute order adopting the E tentative ruling serves as the order of the court. Service by the clerk will constitute notice Of the order. C} Time for amendment Of the complaint runs from the date the clerk serves the minute order. [3 Parties sworn and testified. E] Judgment debtor failed to appear. Bench warrant issued inthe amount of $ Judgment: D Money damages Principal $ l:] Default Interest $ C] Other Costs $ Attorney fees entered $ in the amount Total $ of: |:| Claim of exemption [:I granted El denied. Court orders withholdings modified to $ per D Further, court orders: D Monies held by levying Officerto be S released tojudgment creditor. returned tojudgment debtor. D $ to be released tojudgment creditor and balance returned tojudgment debtor. El Levying Officer, County Of , notified. l:| Writ to issue [1 Notice to be 15 days. Restitution of Premises D filed within I:] Other: BCV-14 E11-01 Mandatory Form LAW AND MOTION MINUTE ORDER JD HOME RENTALS v. AIMEE OROZCO. ET AL. 15CECGO3065 Statement of Decision (attachment) This isan appeal from a Labor Commissioner Order dated September 22, 2015. A trialde novo was held on November 18, 2015. Mr. Armo, attorney for Appellants, conceded that Appellants owed Respondent Aimee Orozco ("Orozco") wages of $114, but argued that penalties pursuant to Labor Code section 203 and liquidated damages pursuant to Labor Code section 1194.2(a) were improper. Orozco testifiedshe terminated her employment with JD Home Rentals on May 22, 2015, and has never received payment for 12 hours worked. Appellant Bryce Hovannisian, a principal partner ofJD Home Rentals and itsOperations Manager, testified that by the time of the Labor Commissioner hearing on September 22, 2015, he was aware that Orozco was owed for 12 hours worked on May 20 and 21, 2015, at $9.50 per hour for a total of $114. (See Appellant’s Ex. 3.) At the Labor Commissioner hearing on September 22, 2015, he offered Orozco a check for $104.25 ($114 gross less $8.72 F.|.C.A. and $1.03 S.D.I) by Bank of America check No. 10237 as full settlement of Orozco's claim. (See Appellant’s Ex. 6) She rejected the offer. Orozco was not required to waive her claims for interest, liquidated damages and penalties in exchange for the check, which Appellants could have provided her prior to the Labor Commissioner hearing without conditions. To the date of the appeal, Appellants have not paid Orozco the $114 she was due. Consequently, the Court finds Appellants have willful failure to pay pursuant to Labor Code section 203. The Court adopts the legal analysis set forth in the Labor Commissioner’s order of September 22, 2015, and awards judgment in favor of Orozco and against Appellants as follows: 1. $114 in unpaid wages; . $108 in liquidated damages pursuant to Labor Code section 1194.2(a); 3. Interest of $7.48 pursuant to Labor Code sections 98.1© and 1194.2(a) and CivilCode section 3289 to September 22, 2015, and 10% thereafter; and, 4. $2,280.50 in penalties pursuant to labor Code section 203. CASE TITLE CASE NUMBER: JD Rentals vs Aimee Orozco 150ECGO3065 ~ ~ ~ CLERK’S CERTIFICATE OF MAILING My I certify thatI am not a party to this cause and that a true copy of the Corrected Minute Order dated 11I18I15, Courts Rulling Minute Order dated 11/25/15, & Exhibit List was mailed first class, postage fully prepaid, in a sealed envelope addressed as shown below, and that the notice was mailed at Fresno, California, on: Date: November 30, 2015 Clerk, by Deputy fl . fl V.Serrano I_—~ [___ Law Office of Lance E. Armo Aimee Orozco L 264 Clovis Ave, Ste. 204 2469 S. Maple Ave Clovis, Ca 93612 Fresno, Ca 93725 I__ I__ __J l__ l___ T‘TI F I I I 1 I I I L— ___I I— [I Clerk‘s Certificate of Mailing Additional Address Page Attached CLERK'S CERTIFICATE OF MAILING