16-CIV-03008 HOA PHAN VS. JAFFA CITY CAFE, ET AL.
HOA PHAN JAFFA CITY CAFE
PANOS LAGOS
PLAINTIFF/JUDGMENT CREDITOR HOA PHAN’S MOTION TO AMEND JUDGMENT TENTATIVE RULING:
Plaintiff/Judgment Creditor Hoa Phan’s motion to amend judgment.
1. The motion as to the name City Cafe of Colma, LLC is DENIED. Articles of Incorporation of “City Cafe of Colma, LLC,” with the same address as Jaffa City Cafe, were filed August 28, 2015. (Exhibit 22.) A Certificate of Cancellation was filed December 19, 2017. (Exhibit 23.) The evidence establishes that City Cafe of Colma, LLC, was formed six months after Plaintiff’s employment ended in February 2015. Thus, City Cafe of Colma, LLC did not exist during the time of the allegedly wrongful acts of Defendants, and it presently does not exist as a legal entity.
2a. The motion as to the name City Cafe is GRANTED IN PART and DENIED IN PART. A Fictitious Business Name Statement for “City Cafe,” was filed as the fictitious name of Robert Madrona, Delia Madrona, and Remy Madrona, on November 20, 2012 (Exhibit 12), during the time Plaintiff was employed by Defendants. For that reason, judgment shall be amended to add the name “City Cafe” as a dba of Judgment Debtors Robert Madrona and Delia Madrona, but not any other Judgment Debtor.
2b. The motion to add City Cafe as an individual judgment debtor is DENIED.
3. The motion is DENIED as to the names Remy Madrona, Remy Orjalo, Remy M. Orjalo, Remedios Orjalo, and Remedios M. Orjalo (“Remy”). Remy is not a named Defendant. Although Remy Madrona is listed as an owner in the above-referenced Fictitious Business Name Statement, no evidence suggests that Remy is liable for any of the wrongful acts forming the basis of Plaintiff’s judgment. 4. The motion is DENIED as to the names Jaffa Cafe and Jaffa City. There is no evidence that any legal entity exists under the name “Jaffa Cafe” or “Jaffa City.” Plaintiff’s Exhibit 40 purports to be a photograph of the business as of April 2019. The name “Jaffa Cafe” does not appear. The words “Jaffa City” appear above the door, but that fact does not compel or imply that any of the Defendants is known as “Jaffa City.”
5. Judgment shall be amended to include “City Cafe” as a dba of Judgment Debtors Robert Madrona and Delia Madrona.