Judge: Bruce G. Iwasaki, Case: 20STCV07466, Date: 2023-03-21 Tentative Ruling

Case Number: 20STCV07466    Hearing Date: March 21, 2023    Dept: 58

JUDGE BRUCE G. IWASAKI

DEPARTMENT 58

Hearing Date:              March 21, 2023

Case Name:                 Gustavo Banuelos v. MSA Trucking, LLC

Case No.:                    20STCV07466

Matter:                        Request for Entry of Default Judgment

Moving Party:             Plaintiff Gustavo Banuelos

Responding Party:      Unopposed

TENTATIVE RULING

The Default Judgment Application is GRANTED. 

STATEMENT OF CASE

This is an employment action for failure to pay wages and provide breaks.  Plaintiff Adriana Guerrero filed a lawsuit against Defendant MSA Trucking, LLC, alleging failure to pay wages, failure to provide meal periods, failure to provide rest periods, failure to pay overtime wages, failure to reimburse work related expenses, failure to pay wages due upon termination, failure to issue accurate itemized wage statements, and unlawful/unfair business practice.

Default was previously entered on August 12, 2020. On November 2, 2020, the Court granted Defendant’s motion to set aside/vacate default. On January 8, 2021, the Court granted Defendant’s motion to compel arbitration. On February 22, 2021, the Court dismissed the case, without prejudice, pursuant to a reservation of jurisdiction by the Court. On August 23, 2022, the Court deemed respondent’s previous request for arbitration waived and ordered Defendant to file an answer, due to Defendant’s failure to pay the arbitration fee. On January 19, 2023, the Court held a status conference and Defendant failed to appear.  The Court ordered the dismissal set aside, and entered default against Defendant. Plaintiff was ordered to submit a default judgment package.

SUMMARY OF DEFAULT JUDGMENT REQUEST

·       Principal Amount:                                        $317,530.00

·       Prejudgment Interest:                                  None

·       Costs:                                                             $125.00

·       Attorney’s Fees:                                            $2,890.00

·       Total:                                                              $320,545.00

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

5.     585(d) declarations/admissible evidence in support                                                            YES

6.     Exhibits (as necessary)                                                                                               N/A

7.     Interest computation (as necessary)                                                                            N/A

8.     Cost memorandum                                                                                                            YES

9.     Request for attorney fees (Local Rule 3.214)                                                              YES

10.  Proposed judgment                                                                                                     YES

DISCUSSION

Plaintiff has submitted the requisite documents to support its application for default judgment. Plaintiff submits a declaration of Plaintiff Gustavo Banuelos stating that he was employed as a driver for Defendant for 170 weeks. (Banuelos Decl., ¶ 2.) Plaintiff states that he worked an average of 16 hours per day, and 6 days per week. (Banuelos Decl., ¶ 4.) Plaintiff states that he was instructed not to take meal breaks because there was no other driver, so at least 6 days a week, he did not take his meal break. (Banuelos Decl., ¶ 5.) He believes that he missed meal breaks for at least six days per week, as well as a rest break, totaling 2,040 missed meal breaks and 2,040 missed rest breaks (6 days x 170 weeks). (Banuelos Decl., ¶¶ 7, 8.) Plaintiff states that he worked 24 hours of overtime a week and 24 hours of double time a week for 170 weeks, at an overtime rate of $26.25 per hour and a double time rate of $35.00 per hour. (Banuelos Decl., ¶ 12.)

Plaintiff’s counsel submits a declaration showing the calculations and money owed to Plaintiff for failure to provide meal breaks, rest breaks, and failure to pay overtime. (Josephson Decl., ¶¶ 10-16, Ex. 1.) These declarations support the amount claimed.

Plaintiff’s request for default judgment is GRANTED against Defendant in the amount of $320,545.00.