The First Step in a Labor Commissioner Case

Many of my clients receive complaints filed with the Labor Commissioner’s office here in Sacramento. These complaints can be costly, both in terms of money and time spent participating in the Labor Commissioner process.

Typically an employer’s first notice of a complaint with the Labor Commissioner will come in the form of a Notice of Claim and Conference.

The Notice of Claim and Conference provides basic information about the complaint, including the name of the plaintiff, a brief overview of the claim itself, and the date and time of the Conference.

The Labor Commissioner Conference can best be thought of as a settlement conference. It is not a formal hearing. The Deputy Labor Commissioner will hear from both sides of the issue and will attempt to mediate an informal resolution.

In practice, the Deputy Labor Commissioner may add additional claims to the complaint after they interview the plaintiff. This can be very frustrating to the defendant because the defendant is often caught off-guard regarding the new claims being made on the spot.

When considering whether to settle the case at this initial stage, a defendant must weigh the seriousness of the claims with the amount of money being demanded by the plaintiff.

Again, at the conference, no formal decisions will be made by the Labor Commissioner’ss office. It is just an opportunity to get the parties to settle the case without the need for a formal hearing.

At the conference, a defendant is free to propose any settlement terms that he or she wants. This may include the ability to pay a certain amount of money over time, a confidentiality agreement, or a demand that the plaintiff dismiss other pending claims.

Or, if the employer believes that they did not do anything wrong, they can refuse to settle and demand a hearing.

Right now, hearings in the Sacramento Labor Commissioner’s office are being set 10 months after the conference. This fact can be used against a plaintiff to get them to accept a lesser settlement amount immediately, as opposed to rolling the dice on a hearing 10 months down the road.

If you are a defendant in a Labor Commissioner case, I am confident that I can assist you bring the case to resolution. Please contact my office at (916) 333-2222.

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Ignoring Lawsuits & Default Judgements

From time to time I get a call from a potential client in a tough spot: they ignored a summons to a lawsuit and are surprised that someone was demanding that they pay up.

Ignoring a lawsuit is almost never a good idea. When a lawsuit is filed, the Clerk of the Court issues a summons which demands that the defendant appear in court. Courts do not look kindly upon those that ignore the summons and do not appear.

When a defendant does not “show up” to court, the Plaintiff is able to ask the court for a “default judgment.” A default is just as good as if the the parties went through an entire jury trial. The judgement will be based upon a showing of proof by the Plaintiff. But since the Defendant is not there to challenge the default, they will not get to have a say. The amount of damages awarded in a default can be shocking.

Once the default judgement is finalized, the Plaintiff is able to obtain a writ of execution and execute on the judgement. With a writ of execution, the Plaintiff can obtain money from a Defendant’s bank account or even garnish a Defendant’s wages. The judgement will show up on the Defendant’s credit report and will be a public record. All this just for ignoring a lawsuit!

In order to avoid a default judgement, you should never ignore a lawsuit summons. Even if you can not afford to hire an attorney, simply filing a “general denial” will tell the Court that you are making an appearance and are going to fight the lawsuit. You can find a Judicial Council general denial form here or you can contact your local Law Library for assistance.

Overturning a default judgement is possible, but depending on the circumstances it may be very difficult or nearly impossible. The main thing to keep in mind is that you must attack the default judgement as soon as possible to have a reasonable chance at overturning it. Again, it is best not to be put in this situation by always filing an answer once served with a lawsuit. This will at least buy you some time and will, at lest initially, prevent a default.

Helping people defend themselves against lawsuits is one of my passions. Please contact my office if you are served with a lawsuit. I would love to help. My office phone number is (916) 333-2222.

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What is Discovery?

Discovery is one of the most important areas of civil litigation. Discovery is the process by which each party “discovers” information about the other’s legal case. Discovery is intended to provide the parties with relevant information about the case. The theory is that the jury will best be able to determine the correct outcome of the case if each side has all of the facts regarding the dispute.

Some clients are surprised when they are required to disclose to the other side important documents regarding a dispute. This is a normal part of the lawsuit process. Failing to disclose information or documents when requested can create liability for the client and the attorney. This is why it is important to thoroughly discuss discovery matters with your attorney — so that discoverable information is turned over when appropriate.

What is “discoverable?” Lots of things! Documents, emails, word files, tape recordings, etc. Courts take an expansive view of what is considered discoverable. Typically, the information or thing must reasonably relate to the matter in dispute.

Discovery can be a very expensive part of a court case. Especially with the amount of electronically stored information that exists, discovery can consume a large amount of time for the parties. With that being said, discovery is an essential part of the litigation process.

If you have questions about civil litigation in Sacramento courts, please call my office at (916) 333-2222.

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Law Office of Rick Morin, PC. A 5-star law practice serving all of California. 

Southern California Office
21163 Newport Coast Drive #206
Newport Coast, CA 92657

Phone: 949-996-3094

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The content on this website is intended for informational purposes only and should not be construed as legal advice. Any testimonials or endorsements do not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.