Gray•Duffy Defeats Plaintiff’s Effort to Amend a Judgment in Excess of $30,000 to Include the Firm’s Client

June 2013

Overview

Kevin Cruz of Gray•Duffy’s Encino office successfully opposed a motion filed by Hoagies and Wings, LLC employee Shane Tavarez to amend his default judgment against the company for $31,639.43 to include Gray•Duffy’s client, Got Wings, LLC.

Discussion

Tavarez v. Hoagies and Wings, LLC

An employee of Hoagies and Wings, LLC obtained a baseless default judgment against Hoagies and Wings, LLC alleging labor law violations and other employment law breaches. Subsequently, Hoagies and Wings, LLC entered into bankruptcy and was unable to defend itself in the action. The corporation eventually dissolved and a new business entity was created, Got Wings, LLC. Years later, the plaintiff filed a motion to amend his judgment to include the newly created entity so he could attempt to enforce his judgment against Gray•Duffy’s client, Got Wings, LLC. The firm was retained on the day the opposition was due and a hearing was conducted in February 2013.

In the opposition, Gray•Duffy stressed that in prior cases where a judgment was obtained by default the court found that adding the alleged successor entity as an additional judgment debtor violated the Federal and State Constitutional Due Process rights of the alleged successor entity because it was not represented in the underlying action. Further, the firm argued that the plaintiff did not sufficiently effectuate service of process on Got Wings, LLC, and the court agreed it did not have jurisdiction over Got Wings, LLC. Accordingly, the plaintiff’s motion was denied.

Please Note: This article is necessarily general in nature and is not a substitute for legal advice with respect to any particular case. Readers should consult with an attorney before taking any action affecting their interests.