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CASE NAME:Zoraida Pena-Canal v. Mabelle de la Rosa Dann
ALL PLAINTIFFS:Zoraida Pena-Canal
ALL DEFENDANTS:Mabelle De La Rosa Dann, Teresa Vittet de la Rosa, Does 1 to 10
CITATION:2010 U.S. Dist. LEXIS 97856
DOCKET NUMBER:09-CV-03366
SOURCE:Lexis Search, PACER docket search
TYPE OF CASE:Civil
RELATED CASE CITATION:United States v. Mabelle de la Rosa Dann, No. 08-CR-00390 (N.D. Cal. Apr. 14, 2010)
TYPE OF TRIAL:Judge
TRIAL JUDGE(S):Claudia Wilken
YEAR OF ARREST:2009
YEAR OF VERDICT:2010
TYPE OF COURT:Federal
STATE:California
FEDERAL DISTRICT:Northern District Court
STATE COUNTY:
AGE OF VICTIM(S):Adult
NUMBER OF VICTIMS:1
GENDER OF VICTIM(S):Female
VICTIM'S COUNTRY OF ORIGIN:Peru
METHOD OF ENTRY INTO THE U.S.:Visitor (Unspecified)
WAS VICTIM CHARGED WITH A CRIME:No
NUMBER OF DEFENDANT(S):
GENDER OF DEFENDANT(S):Female
TYPE OF INDUSTRY:Labor
CASE CATEGORIZATION:Domestic Servant
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FIRST CLAIM:forced labor & trafficking into servitude
FIRST CLAIM US/STATE CODE CITATION:18 U.S.C. 1589, 18 U.S.C. 1590
FIRST CLAIM RESULT:Liable
DAMAGES AWARDED FOR FIRST CLAIM:
SECOND CLAIM:Cal. Civ. Code 52.5
SECOND CLAIM US/STATE CODE CITATION:
SECOND CLAIM RESULT:Liable
DAMAGES AWARDED FOR SECOND CLAIM:
THIRD CLAIM:U.S. Constitution, 13th Amendment
THIRD CLAIM US/STATE CODE CITATION:
THIRD CLAIM RESULT:Liable
DAMAGES AWARDED FOR THIRD CLAIM:
FOURTH CLAIM:
FOURTH CLAIM US/STATE CODE CITATION:FLSA violation
FOURTH CLAIM RESULT:Liable
DAMAGES AWARDED FOR FOURTH CLAIM:
FIFTH CLAIM:Violations of the Cal. Labor Code; various breach of contract and negligent misrepresentation claims
FIFTH CLAIM US/STATE CODE CITATION:
FIFTH CLAIM RESULT:Liable
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TOTAL AWARD:$618,812.82
APPEAL:No
EXPLANATION OF APPEAL:
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HOLDING OF APPEALS COURT:
APPEAL STILL PENDING?:No
SUMMARY:U.S. citizen Mabelle de la Rosa Dann recruited Peruvian victim Zoraida Peña Canal to come to the United States as her nanny and housekeeper, promising Peña Canal that she would be paid $600 per month plus free room and board in exchange for working five days per week during regular business hours. But once Peña Canal arrived, Dann seized Peña Canal's passport, and refused to pay her for two years. Peña Canal regularly worked from 6 a.m. until 9 p.m. at the home of the grandmother of Dann's three children (Teresa Vittet de la Rosa), and was prohibited from communicating with others or listening to Spanish radio and television. At one point, Dann told Peña Canal that she owed her $13,000 and needed to work to repay the debt. Peña Canal sought and obtained default judgment against defendants.
Approval Status:Approved
Approver Comments:
            
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