Judge: Michael P. Linfield, Case: 21STCV19888, Date: 2024-02-20 Tentative Ruling

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Case Number: 21STCV19888    Hearing Date: April 12, 2024    Dept: 34

PLAINTIFF'S REQUEST FOR ENTRY OF DEFAULT JUDGMENT

I.          BACKGROUND

On May 26, 2021, Plaintiff Ana Bertha Campos filed her Complaint against Defendant Natalia Granados on causes of action arising from Plaintiff’s employment by Defendant.

On August 20, 2021, Defendant Natalia Granados filed her Answer to the Complaint.

On June 2, 2023, Plaintiff amended her Complaint to substitute Doe 1 with Maria Cardenas.

On January 23, 2024, by request of Plaintiff, the Clerk’s Office entered default on Defendant Maria Cardenas.

On February 20, 2024, the Court granted in part Plaintiff’s Motion for Terminating Sanctions and struck Defendant Natalia Granados’s Answer.

On February 29, 2024, by request of Plaintiff, the Clerk’s Office entered default on Defendant Natalia Granados.

On March 28, 2024, Plaintiff filed:

(1)       Judicial Council Form CIV-100, Request for Entry of Default on Maria Cardenas;

(2)       Judicial Council Form CIV-100, Request for Court Judgment against Maria Cardenas;

(3)       Judicial Council Form CIV-100, Request for Court Judgment against Natalia Granados;

(4)       Judicial Council Form CIV-110, Request for Dismissal;

(5)       Judicial Council Form JUD-100, Proposed Judgment;

(6)       Declaration of Ana Bertha Campos;

(7)       Declaration of Jack D. Josephson; and

(8)       Brief Summary of the Case.

On April 2, 2024, by request of Plaintiff, the Clerk’s Office dismissed without prejudice the doe defendants.

II.       ANALYSIS

The Request for Default Judgment is GRANTED in part.

Default Judgment is AWARDED in favor of Plaintiff and against Defendants, jointly and severally, in the total amount of $49,311.72.

This comprises of $7,488.00 in unpaid wages, $14,976.00 for missed meal breaks, $14,976.00 for missed rest breaks, $9,984.00 in unpaid overtime wages, $1,812.72 in attorney’s fees (the total amount allowable for these amount of damages), and $75.00 in costs (all costs claimed). The Court is unable to award the requested $7,488.00 in liquidated damages, $2,880.00 for waiting time penalties, and $4,000.00 for inaccurate wage statements because those items and amounts were not requested in the Complaint.