Judge: Peter A. Hernandez, Case: 22PSCV00175, Date: 2022-10-10 Tentative Ruling

Case Number: 22PSCV00175    Hearing Date: October 10, 2022    Dept: O

Plaintiff Alina Kwon’s Application for Default Judgment is DENIED without prejudice.

Background   

Plaintiff Alina Kwon (“Plaintiff”) alleges as follows:

Plaintiff was an employee of Defendant Yes Dental Implant Center (“Defendant”). Plaintiff was terminated after she complained about unpaid wages.

On February 22, 2022, Plaintiff filed a complaint, asserting causes of action against Defendant and Does 1-20 for:

1.                  Failure to Provide Employment Records Upon Request

2.                  Retaliation

3.                  Wrongful Termination

4.                  Violation of Bus. & Prof. Code § 17200, et seq.

On April 21, 2022, Defendant’s default was entered.

A Case Management Conference is set for July 12, 2022.

Discussion

Plaintiff’s Application for Default Judgment is denied without prejudice. The following defects are noted:

1.          Plaintiff seeks attorney’s fees pursuant to Labor Code §§ 1102.5, subdivision (j), 226, subdivision (h) and 1198.5, subdivision (l). Plaintiff’s complaint does not reference Labor Code § 1102.5, let alone seek attorney’s fees under this basis. Labor Code § 1198.5, subdivision (l) provides that “[a] current or former employee may also bring an action for injunctive relief to obtain compliance with this section, and may recover costs and reasonable attorney's fees in such an action.” (Emphasis added.) Plaintiff has not brought an action for injunctive relief. Labor Code § 226, subdivision (h) provides that “[a]n employee may also bring an action for injunctive relief to ensure compliance with this section, and is entitled to an award of costs and reasonable attorney's fees.” Again, Plaintiff has not brought an action for injunctive relief.

2.          Plaintiff’s declaration is not accompanied by any documentary evidence establishing her hourly rate of pay and/or her regular work schedule.

3.          Plaintiff is requested to provide the court with an itemized statement establishing how $21,500.00 in penalties (identified in Paragraph 1 of the Statement of Damages, excluding the $1,600.00 for loss of earnings) were calculated and what statutory provisions they are based upon.

4.            Plaintiff has failed to provide the court with any information relative to punitive damages and defendant’s financial condition. (See Cummings Medical Corp. v. Occupational Medical Corp. (1992) 10 Cal.App.4th 1291.)