Judge: Michael P. Linfield, Case: 21STCV45212, Date: 2023-03-28 Tentative Ruling

The Court often posts its tentative several days in advance of the hearing. Please re-check the tentative rulings the day before the hearing to be sure that the Court has not revised the ruling since the time it was posted.

Please call the clerk at (213) 633-0154 by 4:00 pm. the court day before the hearing if you wish to submit on the tentative.

Case Number: 21STCV45212    Hearing Date: March 28, 2023    Dept: 34

PLAINTIFF'S REQUEST FOR ENTRY OF DEFAULT JUDGMENT

I.           BACKGROUND

On December 10, 2021, Plaintiff Laurence Ponzone filed their Complaint against Defendants The Little Door Corporation and Karim Boumajdi on causes of action arising from Plaintiff’s employment with Defendants.

On December 22, 2022, by request of Plaintiff, the Clerk’s Office entered default on Defendant The Little Door Corporation.

On February 28, 2023, by request of Plaintiff, the Clerk’s Office entered default on Defendant Karim Boumajdi.

On March 9, 2023, Plaintiff filed: (1) CIV-100, Request for Court Judgment against both Defendants; (2) Proposed Judgment; and (3) Application for Default Judgment.

II.        ANALYSIS

a.          Damages

Plaintiff’s §558 declaration requests $28,985.00 in damages:  $15,345.00 in unpaid overtime; $6,200.00 in meal and rest period violations; and $7,440.00 in waiting time penalties.  (See Ponzone Declaration, ¶ 15.)  However, in the body of the Complaint, Plaintiff only requests $25,000.00 in damages.  (See Complaint, ¶26 ($3,000); ¶30 ($3,000); ¶35 ($16,000); ¶51 ($3,000).)  The Prayer for Relief does not list any amount of damages.  Since the Complaint only lists $25,000.00 in damages, the Court cannot award more than $25,000.00 in damages.

b.          Pre-Judgment Interest

The Court calculates interest on $25,000.00 (the amount of damages awarded) at the rate of 7% from February 5, 2021 (the date Plaintiff alleges in the Complaint that he was fired) to March 9, 2023 (the date Plaintiff requested default judgment). Prejudgment interest amounts to $3,653.42.

c.           Attorney's fees and costs

Plaintiff requests $15,720.00 in attorney’s fees. However, pursuant to Local Rule 3.214, attorney's fees in a default judgment where the award is $28,653.42 (including damages and prejudgment interest) is limited to $1,249.60.    

III.     C0NCLUSION

The Court enters default judgment in the amount of $30,857.29, as indicated below: