Duan v. Easy Way Logistics Inc.

15. Duan v. Easy Way Logistics Inc., Case No. CIVSB2325601 Motion to Amend Judgment 8/3/26, 9:00 a.m., Dept. S-17

The Court is inclined to CONTINUE to allow further attempts at service. In this case, Plaintiff prevailed before the Labor Commissioner against Defendant Easy Way Logistics, Inc. (Easy Way), as his employer, on wage-and-hour claims. (See Req. Clerk Enter Judgment, Oct. 4, 2023.) Notably, Easy Way is a California corporation. Now, Plaintiff seeks to amend the judgment to include Hongguang Liu under an alter-ego theory. (See Toho-Towa Co. v. Morgan Creek Prods., Inc. (2013) 217 Cal. App. 4th 1096, 1107 [discussing narrow circumstances under which corporate form is disregarded].) No service has yet been effectuated; although, Plaintiff now seeks leave to serve by publication. *** *** ***

16. Fouse v. Behavior Autism Therapies, LLC, Case No. CIVSB2428112 Plaintiff’s MTC Further Responses to Special Interrogatories, Set One (SROG1) Plaintiff’s MTC Further Responses to Requests for Production, Set One (RFP1) 8/3/26, 9:00 a.m., Dept. S-17

Tentative Rulings As to the SROG1: The Court would DENY the motion as untimely. As to the RFP1: The Court would GRANT the motion as to RFP1, numbers 7-9. Defendant Behavioral Autism Therapies (BAT) is ORDERED to serve all responsive time and payroll records and contracts, subject to the right to redact employees’ names and personal information but maintain an identified, within twenty days of this ruling. Further, Defendant BAT is ordered to pay sanctions in the amount of $2,460, likewise due within twenty days of this ruling.

Case Summary This is a putative wage-and-hour class action. Plaintiff alleges that he was an hourly, nonexempt employee of Defendant in California and that Defendant’s wage-and-hour practices resulted in violations appliable to the putative class. As such, on September 13, 2024, he filed suit alleging violations relating to (1) overtime; (2) meal periods; (3) rest breaks; (4) minimum wages; (5) final pay; (6) wage statement accuracy; and (7) reimbursements, as well as (8) a cause of action for violation of the unfair competition law (UCL).

The UCL claim is underpinned by the purported wage-and-hour violations. Importantly, on January 20, 2026, a First Amended Complaint (FAC) was filed in order to substitute in a new representative Plaintiff.

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