Judge: Bruce G. Iwasaki, Case: 19STCV38540, Date: 2023-03-20 Tentative Ruling

Case Number: 19STCV38540    Hearing Date: March 20, 2023    Dept: 58

TENTATIVE RULING

The request for default judgment against Defendant Martini Associates Development LLC is denied without prejudice for failure to sufficiently prove damages.

STATEMENT OF THE CASE

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 at subsequent hearings and indicated that he had retained counsel.  However, counsel never appeared, and this Court struck Defendant’s answer and entered default against it on December 14, 2022. Plaintiff now moves for default judgment.

            On February 27, 2023, the Court heard Plaintiff’s motion for default judgment.  The Court found that she failed to prove up her damages.  The Court stated: “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.” (2/27/23 Minute Order.) The Court continued the matter and ordered Plaintiff to submit a correct default packet no later than 3/13/23.

            On March 13, 2023, Plaintiff filed an amended default packet, and on March 15, 2023, Plaintiff filed a declaration of Plaintiff in support of default judgment. 

SUMMARY OF DEFAULT JUDGMENT REQUEST

• Damages Requested:                         $111,334.60
• Interest:                                              $37,589.08
• Attorney Fees:                                   $3,003.35
• Costs:                                                  $494.22
• Total:                                                  $152,421.25

SUBMITTED DOCUMENTS (Cal. Rules of Court, rule 3.1800)

1. Use of JC Form CIV-100                                                                                           YES
2. Dismissal or judgment of non-parties to the judgment                                       YES
3. Declaration of non-military status for each defendant                                            YES
4. Summary of the case                                                              YES (included in declaration)
5. 585(d) declarations/admissible evidence in support                                                            YES
6. Exhibits (as necessary)                                                                                               N/A
7. Interest computation (as necessary)                                                                            YES
8. Cost memorandum                                                                                                     YES
9. Request for attorney fees (Local Rule 3.214)                                                              YES
10. Proposed judgment                                                                                                     YES

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).)

To support her claim for general damages, prejudgment interest, costs, and attorney’s fees, Plaintiff provides the Declaration of Arta Wildeboer in support of attroney’s fees and costs, the Declaration of Ana Romero in support of Request for Court Judgment, her request for default judgment, and a cost memorandum.

            With regard to the damages requested, Plaintiff seeks $111,334.60 which represents the general damages in connection with the Complaint. Plaintiff’s new declaration remains deficient as it fails to support her claim. In her declaration, Plaintiff states that her hourly rate at the time of the end of her employment was $14.25. She claims $11,901.60 in damages in Meal Period Violations, $14,877.00 in Rest Period Violations, $6,396.00 in unpaid wages which would have been paid if she received the proper minimum wage, $26,100.00 in civil penalties, $44,460.00 in missed overtime insofar that she worked 10 hours of overtime per week which was not paid at all, $4,000.00 which is the statutory maximum under Labor Code section 226 because her timecards never accurately reflected her overtime and/or meal and/or rest violations on each wage statement for the entirety of her employment, and $3,600.00 which is the statutory amount for failure to timely pay under the Labor Code, based on her hourly rate at the proper minimum wage ($15.00) multiplied by an eight-hour work day multiplied by the statutory maximum of 30 days. (Romero Decl. ¶¶ 24-30.) Plaintiff fails to provide the hours, weeks, or days, or otherwise fails to explain how she came to those numbers. Plaintiff does not provide a breakdown in calculations. The Court finds that this is insufficient to prove the purported damages.