The California State Labor Commissioner’s motion for an order determining claim of exemption is GRANTED. The claim of exemption filed by Hilda Shofani, on behalf of Defendant Le Pain de Jour, Inc. is DENIED.
Background
On December 06, 2012, Plaintiff Victor Antonio Saa obtained default judgment against his employer, Defendant Le Pain du Jour, Inc., for unpaid wages in the amount of $16,527.04. Plaintiff then assigned the judgment to the California State Labor Commissioner for purposes of collection. (Kim Dec1.113-4, 7.) On November 1, 2017, the Labor Commissioner sought to levy these funds, and on November 13, 2017, received a claim of exemption in return. (Kim Decl. ¶9[ 9-10.) The instant hearing was thereafter set.
Legal Standard
Pursuant to Cal. Labor Code § 96.8, the California State Labor Commissioner is empowered to enforce judgments on behalf of employees against their employers, by levying the employers’ property as otherwise described in CCP § 700.140 et seq. A judgment de
Type
Administrative Agency Award (not unpaid taxes) (Limited Jurisdiction)
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The California State Labor Commissioner’s motion for an order determining claim of exemption is GRANTED. The claim of exemption filed by Hilda Shofani, on behalf of Defendant Le Pain de Jour, Inc. is DENIED.
Background
On December 06, 2012, Plaintiff Victor Antonio Saa obtained default judgment against his employer, Defendant Le Pain du Jour, Inc., for unpaid wages in the amount of $16,527.04. Plaintiff then assigned the judgment to the California State Labor Commissioner for purposes of collection. (Kim Dec1.113-4, 7.) On November 1, 2017, the Labor Commissioner sought to levy these funds, and on November 13, 2017, received a claim of exemption in return. (Kim Decl. ¶9[ 9-10.) The instant hearing was thereafter set.
Legal Standard
Pursuant to Cal. Labor Code § 96.8, the California State Labor Commissioner is empowered to enforce judgments on behalf of employees against their employers, by levying the employers’ property as otherwise described in CCP § 700.140 et seq. A judgment de