Judge: Stuart M. Rice, Case: 22STCV36710, Date: 2025-03-12 Tentative Ruling

Case Number: 22STCV36710    Hearing Date: March 12, 2025    Dept: 1

Before the Court is plaintiff Vanessa Ramirez’s (Plaintiff) request for entry of default judgment against defendants Scrap Solutions, Inc. and Amit Syal (Defendants).  Plaintiff declares that she frequently worked overtime which was not reflected in her timesheets, in addition to 3-6 hours she worked per day without pay.  Plaintiff also declares that she never received a meal or rest period as the law requires, and that Defendants did not pay her all her wages owed upon termination.

There is a problem with Plaintiff’s request for judgment, which is that the operative complaint contains no amount of damages, penalties, or attorney fees, nor does the complaint contain particulars from which a defaulting party could ascertain what they might face if a default judgment were entered.  The Court cannot enter a judgment in an amount exceeding that demanded in the complaint.  (Code Civ. Proc. § 580(a).)  Plaintiff must file and serve an amended complaint with a prayer for monetary relief and attorney fees in an amount encompassing the amounts to be sought.

Plaintiff’s request for judgment is otherwise proper.  The amounts are supported by the evidence, and the willfulness required for Lab. Code § 203 waiting time penalties may be inferred from the fact that Plaintiff did much of her off-the-clock for Defendant Syal himself, the owner of defendant Scrap Solutions, Inc., and therefore both Defendants would have known that they were not paying Plaintiff the full wages she was owed.  (See Cal. Code Regs., tit. 8, § 13520 [“A willful failure to pay wages within the meaning of Labor Code Section 203 occurs when an employer intentionally fails to pay wages to an employee when those wages are due.”]) 

Plaintiff’s request for attorney fees and costs is also appropriate.  Although this case is ending in default, Defendants did participate initially, requiring Plaintiff’s counsel to attend status conferences and take other actions which incurred attorney fees.  Plaintiff’s request for fees is reasonable and will be awarded as requested.   The statutes governing Plaintiff’s claims permit the recovery of attorney fees and costs.  (See Lab. Code §§ 218.5, 226, 1194.) 

The Court also notes that Plaintiff’s request for default was rejected.  This will need to be corrected as well.  For the foregoing reasons, the Court cannot enter Plaintiff’s requested judgment at this time.  The Court sets an OSC re: entry of default judgment on an amended complaint for June 10, 2025 at 9:00 a.m.  Plaintiff to give notice.