U.S. Court of Appeals for the Ninth Circuit, 2011

Hilda Solis v. Best Miracle Corporation

Hilda Solis v. Best Miracle Corporation
U.S. Court of Appeals for the Ninth Circuit · Decided December 30, 2011 · Nelson, Gould, Ikuta
464 F. App'x 649

Hilda Solis v. Best Miracle Corporation

Opinion

MEMORANDUM **

Best Miracle Corporation, Thuy Thi Le (“Le”), and Toan Van Nguyen (collectively, “Best Miracle”) appeal the district court’s judgment concluding that they willfully violated the Fair Labor Standards Act (“FLSA”). Specifically, they argue the district court abused its discretion during the bench trial by admitting an exhibit as an adoptive admission by Le.

We need not decide whether the district court erred. Even if the admission of the exhibit was erroneous, it would be harmless error. The record contains overwhelming independent evidence that Best Miracle willfully violated the FLSA. Therefore, it is more probable than not that the district court would have reached the same verdict even if the exhibit had been excluded. See Obrey v. Johnson, 400 F.3d 691, 701 (9th Cir. 2005).

AFFIRMED.

**

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

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