Notice Appeal Labor Commissioner AwardCal. Super. - 6th Dist.April 1, 2021FOR COURT USE ONLY 'I SUPERIORICOURT OF THE STATE OF CALIFORNIA D MUNICIPAL COURT 0F THE STATE 0F CALIFORNIA E L ED JUSTICE COURT 0F THE STATE 0F CALIFORNIA COUNTY 0F SANTA CLARA APR 0 1 2021 ClerkmOf th'e County JUDICIAL DJSTRICT awe;~ PWIFFROY Hpm‘hmm’TDVI W7. A RK Im(ud r .53 NOTICE 0F APPEAL COURTN‘fiEl C V 3 '7 39 8 7 NOTICE OF APPEAL ofthe Order. Decision or award of the Labor Commissioner In State Case Number M 1 g :“CI ‘ 2’ 2 .5é (2- b g Dated 3 a lo [L l and served upon the undersigned appellant, R6 \c Hpm‘lw A aikla on [M a {‘LL‘ I a7 /2 o2 / ,is given and filed pursuant to Labor Code Section 98.2. Appellant attached as Exhibit “A” a copy of the Order. Decision or Award appealed and requests that the Clerk of the Court set the cause for hearing before the above-entifled court. where it shall be heard de nova in accordance with Labor Code Section 98.2. and that the Clerk ofthe Coud give Notice offime. date and place ofthe new trial to each ofthe following patties and the Labor Commissioner’s office at the places listed below. Appellant certifies that a copy of this Notice of Appeal has been served upon the Labor Commissioner and a copy has been mailed to me Respondent. as shown below. AP LLANHORATTORNEYMNAME ADDRESS TELEPHONENUMBER)_ 5 C/ / O 4fc‘r HWLT”727-0144; fit"""L'l]/ /" fl flawed) aft, za Qc/M/ 560 §33 €272? OFFICE 0F THE LABOR COMMISSIONER (ADDR’ESS AND TELEPHONE NUMBER; STATE LABOR COMMISSIONER 100 Paseo dc Antonio, Room 120 San Jose, CA 951 13 408-277-1266 RESPONDENT {OR ATFORNEYI (NAME. ADDRESS. TELEPHONE NUMBER) L‘IL‘ lid§U“Jquerz- ?¢f Canwrlvaa 721‘flcl¢{ 20c? 7 L&rZZp ”Augfuby Brem'N/UObg/[AflL/{dfg $17917 9' giuwkfioyzozi V fli/Aflfi‘fi; J Sagfiarure of Appelfan: Stale of California Department of Industrial Relazjons _ Division of Labor Standards Enforcement LC. 53 85 35611 DLSE 537 (REV. 3/83) NOHCE 0F APPEAL «English STATE OF CALIFORNIA Department 0f Industrial Relations Labor Commissioner Office 100 Paseo de San Antonio, Room 120 San Jose, CA 95113 Email: laborcomm.wca.sjo@dir.c&gov Fax: (408) 277-9643 PLAINTIFF: Rox Huntington DEFENDANT: L.A.R.K. Industries, Inc., a California Corpora‘tiqn 4900 E HUNTER AVE ‘ ANAHEIM, CA 92807 State Case Number WC-CM-756265 NOTICE OF DISNIISSAL The above entitled matter came before the Labor Commissibner of the State of California, pursuant t0 the provisions 0fSecti0n 98 ofthe California Labor Code, and all partie§ were duly served with the Notice 0f Hearing. The complaint is dismissed for the following reason(s): ‘ E For want ofprosecution due t0 plaintiff‘s failure to attend the scheduled hearing. The complaint is dismissed without prejudice. D For want 0f statutoryjurisdiction of the California Lébor Commissioner. U Due to payment of the claimed amount. U As a result of a stipulated settlement by the parties herein, a copy of which is contained in the files 0fthe Labor Commissioner. ' U As a result 0f the Plaintiff expressly abandoning his/her claim. D Other: NOTICE DATE: March 3, 2021 ' a/a&am54W Wilson Balanga Hearing Officer WCA 74 - Notice ofDismissal (Rev. 01/1 1) State of California Department 0f Industrial Relations DIVISION OF LABOR STANDARDS ENFORCEMENT CERTIFICATION OF SERVICE BY hlAIL (C.C.P. 1013A) 0R CERTIFIED MAIL I, Carol Cruz, d0 hereby certify that I am a resident 0f or employed in the County 0f Santa Clara, over 18 years of age, not a party to the within action, and that I am employed at and my business address ls: I LABOR COMMISSIONER, STATE OF CALIFORNIA '7 ’ 100 Paseo de San Antonio Room 120 San Jose, CA 95113 Tel: (408) 277-1266 Fax: (408) 277-9643 I am readily familiar with the business practice 0fmy place 0f business for collection and processing of correspondence for mailing With the United States Postal Service Correspondence so collected and processed ls deposited with the United States Postal Service that same day 1n the ordinary course 0f business. On March 17, 2021, at my place 0f business, a copy of the following document(s): Dismissal was(were) placed for deposit 1n the United States Postal Service 1n a sealed envelope, by First Class with postage fully prepaid, addressed to: NOTICE TO: Rox Huntington 4000 Farmhill vad. #104 Redwood City, CA 94061 Service Address Kendall Robert Hoyd, Agent for Service for ‘ . _ . 4900 E HUNTER AVEL.A.R.K. Industnes, 1gb“, a Callforma ANAHEIM’ CA 92807Corporatlon Lucy Rodriguez, Defendant's Representative . . . 865 Caribou TerraceL.A.R.K. Industrles, Igcw a Cahforma Brentwood, CA 94513 Corporatlon and that envelope was placed for colleétion and mailing 0n that date following ordinary business practices. I certtfl underpenalty ofpetjury that theforegoing is true and correct. Executed on March 17, 2021, at San Jose, California. STATE CASE NUMBER: WC-CM-756265 /s/ Caré Cruz WCA 66 (Rev. 3f06) Certification «of Mailing P ge I ofl San Jose, CA 951 13 STATE OF CALIFORNIA Department 0f Industrial Relations Labor Commissioner’s Office 100 Paseo de San Antonio, Room 120 Email: laborcomm.wca.sjo@dir.ca.gov Fax: (408) 277-9643 PLAINTIFF: Rox Huntington :7 4000 Farmhill blvd. #104 Redwood City, CA 94061 DEFENQANT: Residelifial Design Services, 2140 Bering Drive San Jose, CA 95 1 12 State Case Number WC-CM-756265 NOTICE 0F CLAIM AND CONFERENCE ALL PARTIES in the above matter ARE TO APPEAR for a conference to be held in the Office of the State Labor Commissioner as follows: ~ THIS CONFERENCE WILL BE CONDUCTED TELEPHONICALLY. THE DEPUTY . WILL CONTACT YOU 0N THE DATE AND THWE OF THE CONFERENCE. DATE: Friday, August 7, 2020 TIME: 12:30 PM ” The purpose of this conferenpe is t0 discuss the validity and to settle the claim filed with this Division byu‘the Plaintiff shown above alleging non-payment of: x, . . 14:”;c _ ¥ > J.» _ ,flf _, - fl ,7 "m -. .Amount _ _ - '-I;'.ess rm! CLAIM Earned or Amount Due I Accrued Paid REGULAR WAGES -- From 6/27/19 through 10f15/19, plaintiff $1,615.00 $1,615.00 claims wagesl earned at the rate 0f$35 per hour, for 46.142857 regular hours worked. i _~ TOTAL CLAIMED $1,615.00 A document dgtailihg the amount(s) due may be attached. Claim amounts‘inay be approximate and subject ‘to‘thodifications as the claim proceeds. 1n addition, the employer may be subject t0 penalties due t0 the State 0f California, which may be assessed pursuant to Labor Code Section 210, 225.5 and 226.8. This notice constitutes demand 0n behalf Of the Plaintiff that all wages due be mailed immediately t0 the Labor Commissioner at the address listed above. Prior to the conference, Defendafif may submit t0 this office a writteh reply regarding this claim. However, the parties should still attend the conference, unless otherwise notified. If Defendant wants t0 resolve this WCA 14 PLT Notice of Claim & Conference (Rev. 10/1 9) oMaw State of California DEPARTMENT OF INDUSTRIAL DIVISION 0F LABOR STANDARDS ENFORCEMENT 100 Paseo de San Antonio, Suite 120 San Jose, California 951 13 Phone: 408-277-1266 Fax (408) 277-9643 ADDENDUM TELEPHONIC CONFERENCE INSTRUCTIONS July 18, 2020 A Dear Sir/Madam: In order t0 minimize potential risks during the ongoing COVID-19 pandemic, the Labor Commissioner will conduct a conference in the above-captioned matter Via telephone. If you have failed t0 provide a phone number, 0r your phone number has changed 0r you need to be called at another number, contact us immediately in writing at: LaborComm.WCA.SJO@dir.ca.gov, or by fax or mail indicated on the letterhead. Please include your claim number and any otherspecific contact details and/or other relevant information as requested on the notice ofconference. Plaintiff: Ifyou fail to provide updated contact information, we will contact you at the phone number indicated on the original claim form. Please verify your records to assure we have the correctnumber.‘ ’ Failure t0 respond may result in closure of your case due t0 lack ofprosecution. Defendant: you are obligated t0 provide the Labor Commissioner with your most current contact information. Please update our records and provide this information, including a valid contact phone number so that we may contact you during the scheduled time indicated on the conference notice. Please submit any documentation as requested 0n the notice in advance 0f this meeting. You must be available at that number for up t0 one hour afier-thc time 0f the conference. The deputy may contact the parties jointly and/or separately. WJ‘“ ‘ A-J .79: ‘VMWM’A? If the defiuty deems it appropriate, they will contact the parties in advance t0 provide altemativq dial-in options t0 facilitate this meeting. ' # If you fail t0 receive a call and/or are having technical difficulties, please contact the deputy at their office line immediately. If possible, please email us a note immediately indicating any! technical issués._ ‘ " Sincerely, Labor Commissioner’s Office