Judge: Bruce G. Iwasaki, Case: 19STCV38540, Date: 2023-02-27 Tentative Ruling

Case Number: 19STCV38540    Hearing Date: February 27, 2023    Dept: 58

Judge Bruce G. Iwasaki

Department 58

Hearing Date:             February 27, 2023

Case Name:                Ana Romero v. Martini Associates Development LLC

Case No.:                    19STCV38540

Matter:                        Default Judgment prove-up

Moving Party:             Plaintiff Ana Romero

Responding Party:      Unopposed

Tentative Ruling:      The request for default judgment is denied.

Background and procedural history

            Plaintiff Ana Romero sued Defendant Martini Associates Development LLC, who is the owner of her employer, LA Adventurers All Suite Hotel.  The Complaint alleges numerous Labor Code violations including failure to pay overtime, minimum wage, and provide meal and rest periods.

            On July 11, 2022, the parties originally informed the Court that a settlement was reached.  On October 12, 2022, Plaintiff’s counsel stated that he had not received a signed settlement agreement from Defendant.  On that same day, counsel for Defendant Martini Associates Development LLC withdrew from the case.  Frank Martini, Defendant’s representative, appeared subsequent hearings and indicated that he retained counsel; however, counsel was never retained, and this Court struck Defendant’s answer and entered default against it on December 14, 2022.  Plaintiff now moves for default judgment.

Discussion

            “Plaintiffs in a default judgment proceeding must prove they are entitled to the damages claimed.” (Barragan v. Banco BCH (1986) 188 Cal.App.3d 283, 302, citing Code Civ. Proc., § 585 & Taliaferro v. Hoogs (1963) 219 Cal.App.2d 559, 560.)  If evidence is presented by declaration, the facts must be shown to be “within the personal knowledge of the affiant and shall be set forth with particularity, and each affidavit shall show affirmatively that the affiant, if sworn as a witness, can testify competently thereto.”  (Code Civ. Proc., § 585, subd. (d).)

            Plaintiff is requesting $150,000 in general damages, $494.22 in costs, and $12,184 in attorney’s fees, for a total of $162,678.22.  Plaintiff filed her own declaration, averring that Defendant committed numerous Labor Code violations, such as failure to pay overtime and failure to provide meal/rest periods.  (Romero Decl., ¶¶ 15-20.)  She avers to being “owed additional compensation pursuant to Labor Code § 226.7 and Wage Order 5, § 11.”  (Id. at ¶ 21.)  However, no amounts are ever provided.  It is unclear how she arrived at the $150,000 figure, especially because this is not mentioned in the Complaint. 

            The Court will therefore continue this matter to a date agreeable for Plaintiff to submit additional evidence and calculations on proving up her damages.