Judge: Bruce G. Iwasaki, Case: 21STCV30374, Date: 2022-12-08 Tentative Ruling

Case Number: 21STCV30374    Hearing Date: December 8, 2022    Dept: 58

Judge Bruce G. Iwasaki

Department 58

Hearing Date:             December 8, 2022

Case Name:                Jerson Estrada v. Airport General Auto Repair, Inc. et al.

Case No.:                    21STCV30374

Matter:                        Default Judgment

Moving Party:             Plaintiff Jerson Estrada

TENTATIVE RULING

The Default Judgment Application is granted in the amount of $42,912.69, representing $41,257.12 in damages, $1,002.57 in attorney’s fees, and $653.00 in costs.

STATEMENT OF CASE

This is an action arising from a prior settlement agreement.  Plaintiff previously sued Defendants Airport General Auto Repair and Hossein Daneshver, individually and dba Airport General Auto Repair in December 2016 under case number BC643391 for numerous Labor Code violations.  Defendants then filed for Chapter 13 Bankruptcy.  In February 2019, the parties entered into a settlement agreement for $41,257.12 contingent upon the Bankruptcy Court approving 100% of the Employer’s Plan.  That Court confirmed the plan in March 2019.

Defendants did not pay the agreed-upon amount and Plaintiff initiated this lawsuit in August 2021 for breach of contract.

The Court struck the Answers of Airport General Auto Repair Inc. and Hossein Daneshver on October 25, 2022 and entered default that same date because of their failures to appear. “DOES 1-100” were dismissed on November 23, 2022.

SUMMARY OF DEFAULT JUDGMENT REQUEST

• Compensatory Damages:                             $41,257.12
• Prejudgment Interest (10% per year):       $0
• Costs:                                                             $653.00
• Attorney’s Fees:                                            $1,002.57
• Total:                                                              $42,912.69

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 [But see below]
4. Summary of the case                                                                                                  YES
5. 585(d) declarations/admissible evidence in support                                                  YES
6. Exhibits (as necessary)                                                                                               YES
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

Damages 

Plaintiff seeks $41,257.12, which represents the agreed-upon settlement amount between the parties.  In exchange, Plaintiff agreed to release all his claims against the employer.  Plaintiff provides a copy of the “Confidential Settlement Agreement and Release.”  (Vollucci Decl., Ex. A.)  Mr. Vollucci avers that he is of counsel to the Lipeles Law Group APC.  That firm was Plaintiff’s counsel at the time of the settlement agreement and whose signature appears in the agreement.  The requested amount is also stated requested the Complaint.  Therefore, the amount is granted.  

Attorney’s Fees and Costs

            Plaintiff seeks $1,002.57 in attorney’s fees, which are properly calculated pursuant to Los Angeles County Local Rule 3.214, subdivision (a).  Section 8.2 of the settlement agreement states that “should a dispute arise over the enforcement of a material term in this Agreement, the prevailing Party shall be entitled to recovery of the costs and reasonable attorneys’ fees incurred in connection with any such dispute.”  (Vollucci Decl., Ex. A.)  The Court finds that the amount is reasonable. 

            Plaintiff also requests $653.00 in costs, representing $435.00 in filing fees and $218.00 in process server’s fees.  These amounts are authorized under Code of Civil Procedure sections 1033.5, subdivisions (a)(1) and (a)(4).