TENTATIVE 

Plaintiff Alvester Walker (“Plaintiff”) filed this action against defendants West Coast Soul, LLC dba Blaqhaus Noho (“Defendant”) and Does 1 through 20 for damages arising from his employment with Defendant. Plaintiff alleges he was hired on May 8, 2021 to work as a server for Defendant, and that he was wrongfully terminated on April 17, 2022. Plaintiff alleges that Defendant retaliated against Plaintiff for complaining about missed meal break, missed rest breaks, and Defendant’s failure to pay wages because Plaintiff was then assigned less favorable shifts and assigned less favorable tables until he was ultimately terminated.  

The complaint sets forth nine causes of action for (1) retaliation (Lab. Code §98.6), (2) retaliation (Lab. Code §§102.5, 1102.6), (3)wrongful termination, (4) failure to pay wages, (5) failure to pay minimum wages, (6) failure to provide meal and rest periods, (7) waiting time penalties, (8) failure to permit inspection of personnel and payroll records, and (9) unfair competition. 

The application for default judgment filed on June 24, 2024 is denied without prejudice for the following reasons: 

On March 1, 2024, the previous court denied default judgment due to form deficiencies. (Min. Order, March 1, 2024.) The court noted that Plaintiff’s CIV-100 failed to complete sections 2 through 8. (Ibid.) On this renewed request for default judgment, Plaintiff still has not fully corrected the noted deficiencies. Here, neither Items 7 nor 8 were completed. 

Further, the Court is unable to locate the proposed judgment on JUD-100 as required per CRC 3.1800(a)(6). 

Accordingly, the Court sets an Order to Show Cause Re: Dismissal for Failure to Enter Default Judgment and Failure to Prosecute and Order to Show Cause Re: Why the Court should not impose sanctions in the amount of $750 for failure to comply with the March 1, 2024 Order set for______________________.  

If a completely corrected default judgment package is not submitted at least 5 court days in advance of the next court date, Plaintiff is on notice that the Court intends on dismissing the entire action.