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CASE NAME:Suminarti Sayuti Yusuf v. Andrew Tjia
ALL PLAINTIFFS:Suminarti Sayuti Yusuf
ALL DEFENDANTS:Andrew Tjia, Sycamore Choi
CITATION:
DOCKET NUMBER:No. BC375866
SOURCE:Bloomberg, Lexis Search, News Article
TYPE OF CASE:Civil
RELATED CASE CITATION:
TYPE OF TRIAL:Jury
TRIAL JUDGE(S):Coleman A. Swart, John S. Wiley
YEAR OF ARREST:2006
YEAR OF VERDICT:2009
TYPE OF COURT:State Court
STATE:California
FEDERAL DISTRICT:
STATE COUNTY:Los Angeles County
AGE OF VICTIM(S):Adult
NUMBER OF VICTIMS:1
GENDER OF VICTIM(S):Female
VICTIM'S COUNTRY OF ORIGIN:Indonesia
METHOD OF ENTRY INTO THE U.S.:Unknown
WAS VICTIM CHARGED WITH A CRIME:No
NUMBER OF DEFENDANT(S):2
GENDER OF DEFENDANT(S):Female and Male
TYPE OF INDUSTRY:Labor
CASE CATEGORIZATION:Domestic Servant
FIRST CHARGE:
FIRST CHARGE US/STATE CODE CITATION:
FIRST CHARGE VERDICT/PLEA:
FIRST CHARGE SENTENCE:
SECOND CHARGE:
SECOND CHARGE US/STATE CODE CITATION:
SECOND CHARGE VERDICT/PLEA:
SECOND CHARGE SENTENCE:
THIRD CHARGE:
THIRD CHARGE US/STATE CODE CITATION:
THIRD CHARGE VERDICT/PLEA:
THIRD CHARGE SENTENCE:
FOURTH CHARGE:
FOURTH CHARGE US/STATE CODE CITATION:
FOURTH CHARGE VERDICT/PLEA:
FOURTH CHARGE SENTENCE:
FIFTH CHARGE:
FIFTH CHARGE US/STATE CODE CITATION:
FIFTH CHARGE VERDICT/PLEA:
FIFTH CHARGE SENTENCE:
CORE TERMS:
SENTENCING OPINION CITATION:
LENGTH OF GREATEST SENTENCE:
RESTITUTION REQUIRED:
FINE IMPOSED:
FORFEITURE IMPOSED:
FIRST CLAIM:Human trafficking
FIRST CLAIM US/STATE CODE CITATION:Cal Civ Code § 52.5
FIRST CLAIM RESULT:Liable
DAMAGES AWARDED FOR FIRST CLAIM:
SECOND CLAIM:Failure to pay minimum wage and overtime
SECOND CLAIM US/STATE CODE CITATION:Cal Lab Code § 203, Cal Lab Code § 1194, Cal Lab Code § 1197
SECOND CLAIM RESULT:Liable
DAMAGES AWARDED FOR SECOND CLAIM:
THIRD CLAIM:Failure to provide breaks
THIRD CLAIM US/STATE CODE CITATION:Cal Lab Code § 226.7
THIRD CLAIM RESULT:Liable
DAMAGES AWARDED FOR THIRD CLAIM:
FOURTH CLAIM:Waiting time penalties
FOURTH CLAIM US/STATE CODE CITATION:Cal Lab Code § 1194.2
FOURTH CLAIM RESULT:Liable
DAMAGES AWARDED FOR FOURTH CLAIM:
FIFTH CLAIM:Fraud
FIFTH CLAIM US/STATE CODE CITATION:Cal Lab Code § 970
FIFTH CLAIM RESULT:Liable
DAMAGES AWARDED FOR FIFTH CLAIM:
SIXTH CLAIM:
SIXTH CLAIM US/STATE CODE CITATION:False imprisonment, invasion of privacy, intentional infliction of emotional distress, conversion and negligence
SIXTH CLAIM RESULT:Liable
DAMAGES AWARDED FOR SIXTH CLAIM:
TOTAL AWARD:757,599.14
APPEAL:Yes
EXPLANATION OF APPEAL:
APPELLATE OPINION CITATION:2010 Cal. App. Unpub. LEXIS 8154
HOLDING OF APPEALS COURT:Affirm
APPEAL STILL PENDING?:
SUMMARY:Victim was an experienced nanny and domestic servant, who had worked for different families across the world. She was introduced to a man whose son lived in California and needed a housekeeper. She gave the man her passport, and they flew to the US together. He listed a false address on her immigration form and took her to his son's home. Defendants (the son and the son's wife) kept her passport in a bank safe deposit box, and threatened her with arrest and deportation if she left the home by herself. Victim performed typical housekeeping tasks and foot massage and was denied time off to go to the consulate or a mosque. Defendants made other threatening statements, telling victim that Americans would pretend to help her, but then kill her and sell her organs. They also derided victim for not doing her job well and never paid her. After two months, victim contacted an acquaintance, who alerted the FBI. In an earlier criminal proceeding, Choi pleaded guilty to felony human trafficking and Tjia pleaded guilty to misdemeanor false imprisonment. In the subsequent civil case, the jury found defendants liable on all counts, and also awarded punitive damages. The appellate court affirmed.
Approval Status:Approved
Approver Comments:
            
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