Cruz v. Fusion Buffet, Inc.Annotate this Case
Defendants Fusion Buffet, Inc., Xiao Yan Chen, and Zhao Jia Lin appealed postjudgment orders of the trial court regarding attorney fees and costs. Cruz was employed as a server at the Great Plaza Buffet restaurant, which was operated by Fusion Buffet, from approximately February 2014 to late January 2016. Chen and Lin served as officers and owners of Fusion Buffet and managed the Great Plaza Buffet restaurant. In her complaint, Cruz alleged defendants: (1) failed to pay minimum wage; (2) failed to pay overtime; (3) failed to pay meal period compensation; (4) failed to pay rest period compensation; (5) failed to furnish timely and accurate wage and hour statements; (6) converted earned gratuities; (7) took unlawful deductions from wages; (8) failed to indemnify for all necessary expenditures or losses; and other causes of action stemming from her work at Fusion Buffet. In the complaint, Cruz sought to impose liability against Chen and Lin under an alter ego theory, alleging, among other things, that Chen and Lin commingled their assets with those of Fusion Buffet and that they failed to maintain corporate formalities. After a three-day bench trial, the court found in Cruz's favor on seven out of ten causes of action, and in favor of Fusion Buffet on the remaining three. The trial court determined Cruz was the prevailing party and found she was entitled to recover fees and costs incurred. The Court of Appeal determined defendants failed to demonstrate reversible error in the trial court's determinations with respect to the postjudgment orders and affirmed them all.