LABOR COMMISSIONER, STATE OF CALIFORNIA VS. VAN BUREN ENTERPRISES, INC, A CALIFORNIA ET AL

Set for Law and Motion/Discovery Calendar on Monday, May 04, 2026, Line 1.

Plaintiff Labor Commissioner's Motion for Order Re Identification of Defendant Shila Acharya is GRANTED. Plaintiff presents an affidavit of identity in compliance with Code of Civil Procedure section 680.135 which shows Defendant Shila Acharya also uses the names Shila Thapa Acharya and Bhagabati T Acharya. (See Sagar Affidavit, pars. 1-40; Exs. A-J.) That is the only reasonable inference from the adduced real property and banking documents.

The court notes that if no such relationship existed, defendant could simply prepare a declaration to that effect. Defendant did not do so, nor does she submit any other opposing evidence. Defendant's other arguments lack merit. Labor Code section 98(h) is inapposite because Plaintiff is not seeking to amend the judgment to "conform" to defendant's legal name. Rather, Petitioner is adding additional names. Code of Civil Procedure section 674 does not apply because plaintiff is not seeking an abstract of judgment. Defendant references her appeal of this court's order denying her motion to vacate judgment for lack of proper service. But the appeal does not divest this court of jurisdiction and an undertaking must be provided to stay enforcement of a money judgment. (Code of Civil Procedure section 917.1.) Lastly, defendant cites no authority holding that the other names needed to be used in connection with her employment dealings or that the addition of the names is necessary to enforce the judgment.

For the 9:00 a.m. calendar, all attorneys and parties may appear in Department 302 remotely or in person. Remote hearings will be conducted by videoconference using Zoom. (Dept. 302 Zoom ID 160 409 7690; Passcode 516287.) To appear remotely at the hearing, go to the court's website at sfsuperiorcourt.org under "Online Services," navigate to "Tentative Rulings," and click on the appropriate link, or dial the corresponding phone number.

Any party who contests a tentative ruling must send an email to contestdept302tr@sftc.org with a copy to all other parties by 4pm stating, without argument, the portion(s) of the tentative ruling that the party contests. The subject line of the email shall include the line number, case name and case number. The text of the email shall include the name and contact information, including email address, of the attorney or party who will appear at the hearing. Counsel for the prevailing party is required to prepare a proposed order which repeats verbatim the substantive portion of the tentative ruling and must email it to contestdept302tr@sftc.org prior to the hearing even if the tentative ruling is not contested.

The court no longer provides a court reporter in the Law & Motion Department. Parties may retain their own reporter, who may appear in the courtroom or remotely. A retained reporter must be a California certified court reporter (CSR), for only a CSR's transcript may be used in California courts. If a CSR is being retained, include in your email all of the following: their name, CSR and telephone numbers, and their individual work email address. =(302/JMQ) | |