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JOSEE LUIS RAMIREZ FLORES VS. NEW DIM SUM KING INC, San Mateo County Superior Court Case Number 18-Civ-00839.
Ernesto Sanchez, Esq., from the Liberation Law Group in San Francisco represents the plaintiff.
One of the claims in the lawsuit Sanchez and the Liberation Law Group filed was for Private Attorney General Act violations of the Labor Code.
Before this type of claim can be made in a lawsuit there must first be written notice to the employer and the California Labor and Workforce Development Agency. The notice must detail specific provisions which the employer violated of the Labor Code.
Attorney Ernesto Sanchez is the one who provided this written notice. Here is a cover letter to one of the notices:
The judge ruled that the letters sent by Mr. Sanchez did not identify:
- The dates when his client was employed
- The position held by his client
The judge also said "Mimicking the words of the statute, without alleging specific facts pertaining to Plaintiff, including identifying Plaintiff’s position and employment dates, does not comply with Labor Code § 2699.3." The judge went on about the deficiency in the letters Ernesto Sanchez submitted, noting they were "insufficient because it lacks any supporting facts and was just conclusory."
The court then dismissed the claim.
Lawzilla Commentary: In our opinion this appears to be a case of attorney negligence and potential malpractice. The claim was lost because the notice letters by attorney Sanchez were held by the judge to be insufficient and not in compliance with California law. An attorney, especially an employment attorney, should know the law.
Ernesto Sanchez was admitted to the California Bar in 2011. Bar Number 278006.
Liberation Law Group
2760 Mission Street
San Francisco, California 94110
Law School: New College of California
Note: New College of California went out of business and ceased operating in 2008. Ernesto Sanchez' State Bar record states this is where he graduated from law school, but he did not pass the bar until 2011.
