Dang v. Sutter's Place, Inc. et al

Filing 281

JUDGMENT Signed by Judge Whyte on 10/28/13. (rmwlc1, COURT STAFF) (Filed on 10/28/2013)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

NORTHERN DISTRICT OF CALIFORNIA

10
United States District Court
For the Northern District of California

SAN JOSE DIVISION
11
12

CUC DANG,
Plaintiff,

13
14
15
16

Case No. C-10-02181 RMW
JUDGMENT

v.
SUTTER'S PLACE, INC., dba BAY 101
Defendant.

17
18
19

On May 22, 2013 the jury rendered its verdict awarding plaintiff Cuc Dang (“Dang”) a total

20

of $6,965 on her claim for missed meal and rest periods. The jury found in favor of defendant

21

Sutter’s Place dba Bay 101 (“Bay 101”) on all other claims submitted to it. On October 28, 2013

22

the court found in favor of Dang on her equitable claim for violation of California Business &

23

Professions Code § 17000 et seq. (“UCL”). The court found that Dang was entitled to restitution of

24

$6,965 for payments for withheld meal and rest breaks. Therefore,

25

IT IS HEREBY ORDERED that Dang is entitled to judgment against Bay 101 on her first

26

cause of action for damages of $6,965 for the failure to provide meal and rest breaks. She is also

27

entitled to judgment on her eighth cause of action for restitution of $6,965 for Bay 101’s violation of

28
JUDGMENT
Case No. C-10-02181 RMW
ALG

-1-

1

the UCL. Dang, however, is entitled to recover only a total of $6,965 because the damages and

2

restitution cover the same loss.

3
4

IT IS HEREBY ORDERED that Dang is not entitled to any recovery on her second, third,
fourth, sixth, seventh, ninth or tenth claims.

5
6
7

Dated: October 28, 2013

_________________________________
RONALD M. WHYTE
United States District Judge

8
9

United States District Court
For the Northern District of California

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
JUDGMENT
Case No. C-10-02181 RMW
ALG

-2-