Judge: Cherol J. Nellon, Case: 24STCV00510, Date: 2025-02-07 Tentative Ruling

Case Number: 24STCV00510    Hearing Date: February 7, 2025    Dept: 14

#6

MOTION FOR DEFAULT JUDGMENT

Facts of the Case:  This is an action for violations of the Labor
Code, violations of the FEHA, and for relief under the Private Attorneys
General Act (PAGA). Plaintiff alleges that she was employed as a security guard
for Defendants. Defendants failed to pay Plaintiff minimum wage, failed to pay
Plaintiff’s wages, failed to pay Plaintiff overtime, misclassified Plaintiff as
an independent contractor, and other violations of the Labor Code.

Procedural History:

On January 8, 2024, Plaintiff Divina Jaime filed her Complaint against
Defendants Closthesminds, Inc. and Joseph Hernandez.

On June 14, 2024, default was entered against Defendants.

On December 11, 2024, Plaintiff filed her motion for entry of default
judgment.

Submitted: The
requirements of CRC Rule 3.1800 have been met.

Principal Requested: $261,444.70

Plaintiff’s damages consist of the following:

Unpaid wages: $24,606.45

Failure to pay minimum wage: $18,171

Failure to pay overtime: $6,435.45

Failure to provide itemized wage statements: $4,000

Violation of Lab. Code, section 204: $10,300

Waiting time penalties: $3,780

Failure to give rest breaks: $6,437

Failure to give meal breaks: $5,150.25

Failure to provide personnel file and pay records: $1,500

FEHA discrimination: $37,500 (lost wages after 15 months of unemployment)

Emotional distress: $150,000

Each item of damages is properly calculated and supported by Plaintiff’s
declaration.

The Court notes that the above breakdown is greater than the principal
requested on form JUD-100 by $6,435.45, the same amount as the damages claimed
for failure to pay overtime. The Court may grant the requested principal of
$261,444.70 because those damages are supported by evidence. If Plaintiff
wishes to amend the principal requested to include the missing $6,435.45,
Plaintiff must submit a revised form JUD-100 and CIV-100 within 10 days of this
order.

Interest:  $8,209.32

Plaintiff’s counsel properly provides a calculation of interest.

Attorney Fees:  $4,586.54

The request for attorney fees is properly calculated using Los Angeles
Superior Court Local Rule 3.214.

Costs: $986

Costs for filing and service fees are allowable.

 Conclusion:

The motion is GRANTED.