Quiles
Quiles v. Koji's Japan Inc. CA4/3
Opinion
Opinion
Fybel, J.
INTRODUCTION
In this employment case, plaintiffs Amanda Quiles, Heather Turman, and Kimberly Dang (plaintiffs) amended their complaint to add AJ Parent, LLC, as a defendant. They alleged that AJ Parent, LLC, was an alter ego of their former employer, 1 defendant Koji’s Japan Incorporated, and its owner, defendant Arthur J. Parent Jr. AJ Parent, LLC, demurred to the complaint on the ground it was erroneously sued because it was the wrong party and plaintiffs should have sued A.J. Parent Company, Inc., instead. The trial court sustained the demurrer with leave to amend, and plaintiffs amended their pleading to name the correct entity; the amended pleading, that is now the operative pleading, does not name AJ Parent, LLC, as a defendant, or otherwise refer to it. AJ Parent, LLC, successfully moved to be dismissed from the case with prejudice and to recover $1,000 in prevailing party attorney fees under Labor Code former section 218.5, and $3,257.10 in costs. Plaintiffs argue the trial court erred by dismissing AJ Parent, LLC, with prejudice and by awarding it prevailing party attorney fees and costs. We affirm. The trial court properly dismissed AJ Parent, LLC, from the case with…