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This case was last updated from Los Angeles County Superior Courts on 03/10/2020 at 21:43:12 (UTC).

L.A.U.S.D. VS. GINA ADELMAN, ET AL

Case Summary

On 09/07/2016 L A U S D filed a Contract - Debt Collection lawsuit against GINA ADELMAN. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The case status is Disposed - Judgment Entered.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****2878

  • Filing Date:

    09/07/2016

  • Case Status:

    Disposed - Judgment Entered

  • Case Type:

    Contract - Debt Collection

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

 

Party Details

Plaintiff and Petitioner

LOS ANGELES UNIFIED SCHOOL DISTRICT

Defendants and Respondents

DANA KIMBERLY

CINNAMON WILLIAM

BROMSON GAYLE

CASAREZ JOSE

BURK TARA

AISH DINA

BRITO LILIANA

AXELSON AMANDA

BART JULIE

SEDIQUE ALEX

DEGEN PAUL

CONTRERAS JOHN

ADELMAN GINA

CERDA JOSE

BARTENETTI KAREN

CONTRERAS CHRISTINA

CAZARES CECILIA

DAVIS RONALD

DAY CORZETTE

143 More Parties Available

Attorney/Law Firm Details

Plaintiff and Petitioner Attorneys

KOELLER NEBEKER CARLSON & HALUCK LLP

DAVID R. HOLMQUIST GENERAL COUNSEL

XAVIER BECERRA ATTORNEY GENERAL

CHEATHEM TERRYE-ASST. GENERAL COUNSEL II

CHEATHEM TERRYE LAROYCE

Defendant and Respondent Attorneys

RICHARD I. WIDEMAN ESQ.

RONALD C. LAPEKAS

BW LAW GROUP LLP

ORROCK POPKA FORTINO TUCKER & DOLEN

THE ALBERTS FIRM

RICHARD I. WIDEMAN ATTORNEY AT LAW

BLADY WEINREB LAW GROUP LLP

ADLER KENNETH I.

ACKERMAN ROBERT S. ESQ.

WIDEMAN JONATHAN DAVID

 

Court Documents

Default Judgment

12/4/2019: Default Judgment

REQUEST FOR DISMISSAL -

9/7/2016: REQUEST FOR DISMISSAL -

REQUEST FOR DISMISSAL -

9/7/2016: REQUEST FOR DISMISSAL -

ANSWER-CONTRACT -

9/7/2016: ANSWER-CONTRACT -

PROOF OF SERVICE OF SUMMONS ON FIRST AMENDED COMPLAINT

9/7/2016: PROOF OF SERVICE OF SUMMONS ON FIRST AMENDED COMPLAINT

PROOF OF SERVICE OF SUMMONS ON FIRST AMENDED COMPLAINT

9/7/2016: PROOF OF SERVICE OF SUMMONS ON FIRST AMENDED COMPLAINT

PROOF OF SERVICE OF SUMMONS ON FIRST AMENDED COMPLAINT

9/7/2016: PROOF OF SERVICE OF SUMMONS ON FIRST AMENDED COMPLAINT

1ST AMENDED COMPLAINT-REQUEST FOR ENTRY OF DEFAULT

10/13/2016: 1ST AMENDED COMPLAINT-REQUEST FOR ENTRY OF DEFAULT

REQUEST FOR ENTRY OF DEFAULT -

10/14/2016: REQUEST FOR ENTRY OF DEFAULT -

ORDER ON COURT FEE WAIVER -

12/20/2016: ORDER ON COURT FEE WAIVER -

Minute Order -

2/2/2017: Minute Order -

REQUEST FOR ENTRY OF DEFAULT -

8/28/2017: REQUEST FOR ENTRY OF DEFAULT -

PLAINTIFF LOS ANGELES UNIFIED SCHOOL DISTRICT'S OPPOSITION TO DFFENDANT MELISSA CORLETO'S JOINDER TO CO-DEFENDANT LISA FRANCOIS' MOTION FOR JUDGMENT ON THE PLEADINGS

6/8/2018: PLAINTIFF LOS ANGELES UNIFIED SCHOOL DISTRICT'S OPPOSITION TO DFFENDANT MELISSA CORLETO'S JOINDER TO CO-DEFENDANT LISA FRANCOIS' MOTION FOR JUDGMENT ON THE PLEADINGS

Request for Refund / Order -

6/14/2018: Request for Refund / Order -

SUBSTITUTION OF ATTORNEY -

6/20/2018: SUBSTITUTION OF ATTORNEY -

REQUEST FOR DISMISSAL -

7/25/2018: REQUEST FOR DISMISSAL -

REQUEST FOR DISMISSAL -

7/25/2018: REQUEST FOR DISMISSAL -

REQUEST FOR DISMISSAL -

8/21/2018: REQUEST FOR DISMISSAL -

744 More Documents Available

 

Docket Entries

  • 05/19/2020
  • Hearing05/19/2020 at 08:45 AM in Department 39 at 111 North Hill Street, Los Angeles, CA 90012; Order to Show Cause Re: Entry of Default Judgment

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  • 01/15/2020
  • Docketat 08:45 AM in Department 39; Order to Show Cause Re: (Entry of Default Judgment) - Held - Continued

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  • 01/15/2020
  • DocketMinute Order ( (Order to Show Cause Re: Entry of Default Judgment)); Filed by Clerk

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  • 01/13/2020
  • DocketStatus Report; Filed by Los Angeles Unified School District (Plaintiff)

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  • 12/24/2019
  • DocketRequest for Entry of Default / Judgment; Filed by Los Angeles Unified School District (Plaintiff)

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  • 12/24/2019
  • DocketDeclaration (DECLARATION OF DERRICK MOSES IN SUPPORT OF PLAINTIFF LOS ANGELES UNIFIED SCHOOL DISTRICT'S REQUEST FOR ENTRY OF DEFAULT JUDGEMENT AGAINST DEFENDANT, MA SUVA); Filed by Los Angeles Unified School District (Plaintiff)

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  • 12/24/2019
  • DocketDeclaration (DECLARATION OF TERRYE L. CHEATHEM, ESQ., IN SUPPORT OF PLAINTIFF LOS ANGELES UNIFIED SCHOOL DISTRICT'S REQUEST FOR ENTRY OF DEFAULT JUDGEMENT AGAINST DEFENDANT, MA SUVA); Filed by Los Angeles Unified School District (Plaintiff)

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  • 12/24/2019
  • DocketRequest for Entry of Default / Judgment; Filed by Los Angeles Unified School District (Plaintiff)

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  • 12/24/2019
  • DocketSummary of the Case; Filed by Los Angeles Unified School District (Plaintiff)

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  • 12/24/2019
  • DocketDeclaration (OF DERRICK MOSES IN SUPPORT OF PLAINTIFF LOS ANGELES UNIFIED SCHOOL DISTRICT'S REQUEST FOR ENTRY OF DEFAULT JUDGMENT AGAINST DEFENDANT CECILIA CAZARES); Filed by Los Angeles Unified School District (Plaintiff)

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1,364 More Docket Entries
  • 09/07/2016
  • DocketPROOF OF SERVICE OF SUMMONS ON FIRST AMENDED COMPLAINT

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  • 09/07/2016
  • DocketPROOF OF SERVICE OF SUMMONS ON FIRST AMENDED COMPLAINT

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  • 09/07/2016
  • DocketPROOF OF SERVICE OF SUMMONS ON FIRST AMENDED COMPLAINT

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  • 09/07/2016
  • DocketNOTICE OF FILING OF NOTICE OF APPEAL (LIMITED CIVIL)

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  • 09/07/2016
  • DocketREQUEST FOR ENTRY OF DEFAULT

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  • 09/07/2016
  • DocketREQUEST FOR ENTRY OF DEFAULT

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  • 09/07/2016
  • DocketREQUEST FOR ENTRY OF DEFAULT

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  • 09/07/2016
  • DocketFIRST AMENDED COMPLAINT OF PLAINTIFF LOS ANGELES UNIFIED SCHOOL DISTRICT FOR: 1) RECOVERY OF MONEY PAID BY MISTAKE (COMMON COUNT); ETC

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  • 09/07/2016
  • DocketREQUEST FOR DISMISSAL

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  • 02/22/1971
  • DocketRequest for Entry of Default / Judgment; Filed by Plaintiff/Petitioner

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Tentative Rulings

Case Number: BC632878    Hearing Date: September 30, 2020    Dept: 39

[TENTATIVE] RULING:

The court GRANTS court judgments in the total amounts of: (1) $9,563.78 against Rashonda Bembry; (2) $1,869.81 against Martha Ceja; (3) $7,904.00 against Christina Contreras; (4) $3,912.59 against Michael Garcia; (5) $8,127.72 against Hail Hamilton; (6) $2,780.23 against Leisa Johnson; (7) $6,104.32 against Maurice Melamed; (8) $2,889.38 against Terry O’Connor; (9) $33,735.66 against Cynthia Riley; (10) $6,153.82 against Connie So; (11) $10,346.47 against La Toya Strickland; (12) $9,069.27 against Patricia Urey; (13) $9,395.59 against Ronald Villanueva; and (14) $5,960.00 against Esteban Villegas.

The court CONTINUES the OSC as to Mary Fisher.

Plaintiff to give notice.

Background

This action arises from Plaintiff Los Angeles Unified School District’s (“LAUSD” or “Plaintiff”) alleged overpayment of wages to Defendants. In the First Amended Complaint (“FAC”), Plaintiff alleges four causes of action against multiple Defendants for: (1) recovery of money paid by mistake; (2) money had and received; (3) money paid; and (4) open book account.

Plaintiff LAUSD now seeks entry of default judgment against Defendants Rashonda Bembry (“Bembry”), Martha Ceja (“Ceja”), Christina Contreras (“Contreras”), Mary Fisher (“Fisher”), Michael Garcia (“Garcia”), Hail Hamilton (“Hamilton”), Leisa Johnson (“Johnson”), Maurice Melamed (“Melamed”), Terry O’Connor (“O’Connor”), Cynthia Riley (“Riley”), Connie So (“So”), La Toya Strickland (“Strickland”), Patricia Urey (“Urey”), Ronald Villanueva (“Villanueva”), and Esteban Villegas (“Villegas”).

Proof of Service of Summons

Bembry: On June 9, 2017, the court issued an order for service of defendant Bembry by publication in the Los Angeles Times. Plaintiff filed a proof of service by publication on December 8, 2017, indicating that defendant Bembry was served by publication in the Los Angeles Times, that occurred on four consecutive weeks from October 18, 2017 to November 8, 2017. This service was sufficient under Code of Civil Procedure section 415.50(b) and Government Code section 6064.

Ceja: Plaintiff filed proof of service of the Summons and FAC on defendant Ceja on May 10, 2016. This proof of service indicates that Ceja was served by personal service performed on April 12, 2016 at the address of 245 W. Indigo St., Mesa, AZ 85201. This service was sufficient. See Code Civ. Proc. § 415.10.

Contreras: Plaintiff filed proof of service of the Summons and FAC on defendant Contreras on May 19, 2016. This proof of service indicates that Contreras was served by personal service performed on April 14, 2016 at the address of 190 Knickerbocker Rd. #12, Englewood, NJ 07631. This service was sufficient. See Code Civ. Proc. § 415.10.

Fisher: On August 18, 2017, the court issued an order for service of defendant Fisher by publication in the Los Angeles Times. Plaintiff filed a proof of service by publication on December 8, 2017, indicating that defendant Fisher was served by publication in the Los Angeles Times, that occurred on four consecutive weeks from October 18, 2017 to November 8, 2017. This service was sufficient under Code of Civil Procedure section 415.50(b) and Government Code section 6064.

Garcia: Plaintiff filed proof of service of the Summons and FAC on defendant Garcia on May 10, 2016. This proof of service indicates that Garcia was served by substituted service on April 9, 2016 that was performed at the address 13272 Hubbard St., Sylmar, CA 91342 through service on Robert Doe, who is listed as a Hispanic male, approximately 38 years old, 5’7” in height, 170 lbs. in weight, with black hair and brown eyes. Copies of the documents were thereafter mailed to Defendant at the same address on April 11, 2016. This service was sufficient. See Code Civ. Proc. § 415.20(b).

Hamilton: On August 18, 2017, the court issued an order for service of defendant Hamilton by publication in the Los Angeles Times. Plaintiff filed a proof of service by publication on December 8, 2017, indicating that defendant Hamilton was served by publication in the Los Angeles Times, that occurred on four consecutive weeks from October 18, 2017 to November 8, 2017. This service was sufficient under Code of Civil Procedure section 415.50(b) and Government Code section 6064.

Johnson: Plaintiff filed proof of service of the Summons and FAC on defendant Johnson on May 10, 2016. This proof of service indicates that Johnson was served by substituted service on July 13, 2016 that was performed at the address 184 Sumpter St., 2nd Fl., Brooklyn, NY 11233 through service on Jane Doe, who is listed as an African American female, approximately 70 years in age, 5’4” in height, 135 lbs. in weight, with brown hair and glasses. Copies of the documents were thereafter mailed to Defendant at the same address on July 13, 2016. This service was sufficient. See Code Civ. Proc. § 415.20(b).

Melamed: On August 18, 2017, the court issued an order for service of defendant Melamed by publication in the Los Angeles Times. Plaintiff filed a proof of service by publication on December 8, 2017, indicating that defendant Melamed was served by publication in the Los Angeles Times, that occurred on four consecutive weeks from October 18, 2017 to November 8, 2017. This service was sufficient under Code of Civil Procedure section 415.50(b) and Government Code section 6064.

O’Connor: Plaintiff filed proof of service of the Summons and FAC on defendant O’Connor on July 13, 2016. This proof of service indicates that O’Connor was served by substituted service on June 18, 2016 that was performed at the address 51-416 Kamehameha Highway, Kaaawa, HI 96730, through service on Shedrack Anderson, Jr., who is listed as a co-occupant/roommate. Copies of the documents were thereafter mailed to defendant O’Connor at the same address on June 21, 2016. This service was sufficient. See Code Civ. Proc. §§ 415.20(b), 415.40.

Riley: On August 24, 2017, the court issued an order for service of defendant Riley by publication in the Los Angeles Times. Plaintiff filed a proof of service by publication on December 8, 2017, indicating that defendant Riley was served by publication in the Los Angeles Times, that occurred on four consecutive weeks from October 18, 2017 to November 8, 2017. This service was sufficient under Code of Civil Procedure section 415.50(b) and Government Code section 6064.

So: Plaintiff filed proof of service of the Summons and FAC on defendant So on May 10, 2016. This proof of service indicates that So was served by substituted service on June 23, 2016 that was performed at the address 526 8th Ave., San Francisco, CA 94118 on Paul Mok, who is listed as a co-occupant. Copies of the documents were thereafter mailed to defendant So at the same address on June 24, 2016. This service was sufficient. See Code Civ. Proc. § 415.20(b).

Strickland: On August 24, 2017, the court issued an order for service of defendant Strickland by publication in the Los Angeles Times. Plaintiff filed a proof of service by publication on December 8, 2017, indicating that defendant Strickland was served by publication in the Los Angeles Times, that occurred on four consecutive weeks from October 18, 2017 to November 8, 2017. This service was sufficient under Code of Civil Procedure section 415.50(b) and Government Code section 6064.

Urey: Plaintiff filed proof of service of the Summons and FAC on defendant Urey on May 10, 2016. This proof of service indicates that Urey was served by substituted service on April 10, 2016 that was performed at the address 1302 Highland Ave., Colton, CA 92324 on Martha Urey, who is listed as “co-occupant/mother.” Copies of the documents were thereafter mailed to defendant Urey at the same address on April 11, 2016. This service was sufficient. See Code Civ. Proc. § 415.20(b).

Villanueva: Plaintiff filed proof of service of the Summons and FAC on defendant Villanueva on May 10, 2016. This proof of service indicates that Villanueva was served by personal service that was performed on April 19, 2016 at the address of 4325 W. Rome Blvd., #2196, North Las Vegas, NV 89084. This service was sufficient. See Code Civ. Proc. § 415.10.

Villegas: On August 18, 2017, the court issued an order for service of defendant Villegas by publication in the Los Angeles Times. Plaintiff filed a proof of service by publication on December 8, 2017, indicating that defendant Villegas was served by publication in the Los Angeles Times, that occurred on four consecutive weeks from October 18, 2017 to November 8, 2017. This service was sufficient under Code of Civil Procedure section 415.50(b) and Government Code section 6064.

Entry of Default

Default was entered against defendants Leisa Johnson, Terry O’Connor, Connie So, and Ronald Villanueva on October 13, 2016; against defendant Patricia Urey on October 14, 2016; against defendants Christina Contreras, Martha Ceja, and Michael Garcia on November 17, 2016; and against defendants Rashonda Bembry, Mary Fisher, Hail Hamilton, Maurice Melamed, Cynthia Riley, Latoya Strickland, and Esteban Villegas on January 11, 2018.

The submitted requests for entry of default indicate that copies of the requests were mailed to these Defendants at their last known addresses. This is sufficient to meet the statutory requirement. Code Civ. Proc. § 587.

Declarations of Non-Military Service

Plaintiff did not list defendants’ names in item 1.c of the form CIV-100, as is required under the express language of item 8 of the form. At the hearing, Plaintiff’s counsel should be prepared to confirm that the Plaintiff verified that these individuals are not in the military service.

Supporting Documents Submitted: California Rules of Court, rule 3.1800

1. Use of JC Form CIV-100 Yes

2. Dismissal or judgment of non-parties to the judgment No*

3. Declaration of non-military status for each defendant Insuff.

4. Summary of the case Yes

5. 585(d) declarations/admissible evidence in support of judgment Yes

6. Exhibits (as necessary) Yes

7. Interest computation (as necessary) Yes

8. Memorandum of costs Yes

9. Request for attorney’s fees (per Local Rule 3.214) N/A

10. Proposed judgment Yes

*Plaintiff requests separate judgments under Code of Civil Procedure section 579 on the grounds that these Defendants are separately liable.

Defendant Fisher

Principal Requested: $ 4,475.92

Interest: $ 2,876.90

Costs: $ 62.24

Total Requested: $ 7,415.06

RULING: CONTINUE OSC TO ALLOW ADDITIONAL EVIDENCE

Principal Damages

Plaintiff presents the Declaration of Derrick Moses ISO the Request Against Fisher (“Moses Fisher Decl.”) as evidence that Fisher received wage overpayments in the amount of $4,475.92. Moses attests that Fisher failed to complete/work 1,224 hours during 2013-14, her final school year. Moses Fisher Decl. ¶ 7. Moses, however, also attests that Fisher resigned from LAUSD on November 26, 2015, which would appear to be the year after the year she purportedly did not complete. Id. at ¶ 8. Moses does not present copies of the underlying records, and the court has no basis to determine that an overpayment was made to Fisher in the amount stated. Given the contradictory testimony presented, the court finds that Plaintiff has not met its burden with respect to this defendant.

Interest

Plaintiff requests pre-judgment interest under Civil Code sections 3287(a) and 3289(b). Plaintiff requests interest at a rate of 10% per annum from January 23, 2014, which it contends is the date of the first notification of the wage overpayment to McCann. Declaration of Terrye L. Cheathem ISO Request Against Fisher (“Cheathem Fisher Decl.”) ¶ 3; Moses Fisher Decl. ¶ 10. Plaintiff, however, contends Fisher was overpaid for failing to complete the 2013-14 school year. Moses Fisher Decl. ¶ 7. It is unclear why Plaintiff would have sent Fisher a notification regarding overpayments before the school year was even complete. Plaintiff, thus, fails to demonstrate it is entitled to interest in the amount requested.

Costs

Plaintiff requests costs in the amount of $62.24 for process server’s fees. This item of costs is recoverable. Code Civ. Proc. § 1033.5(a)(4).

Defendant Bembry

Principal Requested: $ 5,221.41

Interest: $ 4,182.78

Costs: $ 62.24

Total Requested: $ 9,466.43

RULING: GRANT

Principal Damages

Plaintiff presents evidence Bembry received wage overpayments in the amount of $5,221.41. Declaration of Derrick Moses ISO Request Against Bembry (“Moses Bembry Decl.”) ¶¶ 7-10. This evidence is sufficient to support the request for damages.

Interest

Plaintiff requests pre-judgment interest under Civil Code sections 3287(a) and 3289(b). Plaintiff requests interest at a rate of 10% per annum from July 20, 2012, which it contends is the date of the first notification of the wage overpayment to Bembry. Declaration of Terrye L. Cheathem ISO Request Against Bembry (“Cheathem Bembry Decl.”) ¶ 3. As of September 30, 2020, this comes to interest in the amount of $4,280.13 (for 8 years, 72 days), as well as interest at a daily rate of $1.43 for each day thereafter. This interest is recoverable.

Costs

Plaintiff requests costs in the amount of $62.24 for process server’s fees. These costs are recoverable. Code Civ. Proc. § 1033.5(a)(4).

Award

Principal Award: $ 5,221.41

Interest: $ 4,280.13

Costs: $ 62.24

Total Award: $ 9,563.78

Defendant Ceja

Principal Requested: $ 1,028.96

Interest: $ 617.92

Costs: $ 195.00

Total Requested: $ 1,841.88

RULING: GRANT

Principal Damages

Plaintiff presents evidence Ceja received wage overpayments in the amount of $1,028.96. Declaration of Derrick Moses ISO Request Against Ceja (“Moses Ceja Decl.”) ¶¶ 7-9. This evidence is sufficient to support the request for damages.

Interest

Plaintiff requests pre-judgment interest under Civil Code sections 3287(a) and 3289(b). Plaintiff requests interest at a rate of 10% per annum from June 21, 2014, which it contends is the date of the first notification of the wage overpayment to Ceja. Declaration of Terrye L. Cheathem ISO Request Against Ceja (“Cheathem Ceja Decl.”) ¶ 3. As of September 30, 2020, this comes to interest in the amount of $645.85 (for 6 years, 101 days), as well as interest at a daily rate of $0.28 for each day thereafter. This interest is recoverable.

Costs

Plaintiff requests costs in the amount of $195.00 for process server’s fees. These costs are recoverable. Code Civ. Proc. § 1033.5(a)(4).

Award

Principal Award: $ 1,028.96

Interest: $ 645.85

Costs: $ 195.00

Total Award: $ 1,869.81

Defendant Contreras

Principal Requested: $ 4,785.35

Interest: $ 2,772.98

Costs: $ 195.00

Total Requested: $ 7,753.33

RULING: GRANT

Principal Damages

Plaintiff presents evidence Contreras received wage overpayments in the amount of $4,785.35. Declaration of Derrick Moses ISO Request Against Contreras (“Moses Contreras Decl.”) ¶¶ 7-9. This evidence is sufficient to support the request for damages.

Interest

Plaintiff requests pre-judgment interest under Civil Code sections 3287(a) and 3289(b). Plaintiff requests interest at a rate of 10% per annum from August 21, 2014, which it contends is the date of the first notification of the wage overpayment to Contreras. Declaration of Terrye L. Cheathem ISO Request Against Contreras (“Cheathem Contreras Decl.”) ¶ 3. As of September 30, 2020, this comes to interest in the amount of $2,923.65 (for 6 years, 40 days), as well as interest at a daily rate of $1.31 for each day thereafter. This interest is recoverable.

Costs

Plaintiff requests costs in the amount of $195.00 for process server’s fees. These costs are recoverable. Code Civ. Proc. § 1033.5(a)(4).

Award

Principal Award: $ 4,785.35

Interest: $ 2,923.65

Costs: $ 195.00

Total Award: $ 7,904.00

Defendant Garcia

Principal Requested: $ 2,260.74

Interest: $ 1,545.40

Costs: $ 65.00

Total Requested: $ 3,871.14

RULING: GRANT

Principal Damages

Plaintiff presents evidence Garcia received wage overpayments in the amount of $2,260.74. Declaration of Derrick Moses ISO Request Against Garcia (“Moses Garcia Decl.”) ¶¶ 7-9. This evidence is sufficient to support the request for damages.

Interest

Plaintiff requests pre-judgment interest under Civil Code sections 3287(a) and 3289(b). Plaintiff requests interest at a rate of 10% per annum from September 23, 2013, which it contends is the date of the first notification of the wage overpayment to Garcia. Declaration of Terrye L. Cheathem ISO Request Against Garcia (“Cheathem Garcia Decl.”) ¶ 3. As of September 30, 2020, this comes to interest in the amount of $1,586.85 (for 7 years, 7 days), as well as interest at a daily rate of $0.62 for each day thereafter. This interest is recoverable.

Costs

Plaintiff requests costs in the amount of $65.00 for process server’s fees. These costs are recoverable. Code Civ. Proc. § 1033.5(a)(4).

Award

Principal Award: $ 2,260.74

Interest: $ 1,586.85

Costs: $ 65.00

Total Award: $ 3,912.59

Defendant Hamilton

Principal Requested: $ 4,928.28

Interest: $ 2,979.89

Costs: $ 64.24

Total Requested: $ 7,970.41

RULING: GRANT

Principal Damages

Plaintiff presents evidence Hamilton received wage overpayments in the amount of $4,928.28. Declaration of Derrick Moses ISO Request Against Hamilton (“Moses Hamilton Decl.”) ¶¶ 7-9. This evidence is sufficient to support the request for damages.

Interest

Plaintiff requests pre-judgment interest under Civil Code sections 3287(a) and 3289(b). Plaintiff requests interest at a rate of 10% per annum from May 21, 2014, which it contends is the date of the first notification of the wage overpayment to Hamilton. Declaration of Terrye L. Cheathem ISO Request Against Hamilton (“Cheathem Hamilton Decl.”) ¶ 3. As of September 30, 2020, this comes to interest in the amount of $3,135.20 (for 6 years, 132 days), as well as interest at a daily rate of $1.35 for each day thereafter. This interest is recoverable.

Costs

Plaintiff requests costs in the amount of $64.24 for process server’s fees. These costs are recoverable. Code Civ. Proc. § 1033.5(a)(4).

Award

Principal Award: $ 4,928.28

Interest: $ 3,135.20

Costs: $ 64.24

Total Award: $ 8,127.72

Defendant Johnson

Principal Requested: $ 1,532.85

Interest: $ 1,149.12

Costs: $ 61.00

Total Requested: $ 2,742.97

RULING: GRANT

Principal Damages

Plaintiff presents evidence Johnson received wage overpayments in the amount of $1,532.85. Declaration of Derrick Moses ISO Request Against Johnson (“Moses Johnson Decl.”) ¶¶ 7-9. This evidence is sufficient to support the request for damages.

Interest

Plaintiff requests pre-judgment interest under Civil Code sections 3287(a) and 3289(b). Plaintiff requests interest at a rate of 10% per annum from January 4, 2013, which it contends is the date of the first notification of the wage overpayment to Johnson. Declaration of Terrye L. Cheathem ISO Request Against Johnson (“Cheathem Johnson Decl.”) ¶ 3. As of September 30, 2020, this comes to interest in the amount of $1,186.38 (for 7 years, 270 days), as well as interest at a daily rate of $0.42 for each day thereafter. This interest is recoverable.

Costs

Plaintiff requests costs in the amount of $61.00 for process server’s fees. These costs are recoverable. Code Civ. Proc. § 1033.5(a)(4).

Award

Principal Award: $ 1,532.85

Interest: $ 1,186.38

Costs: $ 61.00

Total Award: $ 2,780.23

Defendant Melamed

Principal Requested: $ 3,565.66

Interest: $ 2,362.14

Costs: $ 62.24

Total Requested: $ 5,990.04

RULING: GRANT

Principal Damages

Plaintiff presents evidence Melamed received wage overpayments in the amount of $3,565.66. Declaration of Derrick Moses ISO Request Against Melamed (“Moses Melamed Decl.”) ¶¶ 7-9. This evidence is sufficient to support the request for damages.

Interest

Plaintiff requests pre-judgment interest under Civil Code sections 3287(a) and 3289(b). Plaintiff requests interest at a rate of 10% per annum from October 21, 2013, which it contends is the date of the first notification of the wage overpayment to Melamed. Declaration of Terrye L. Cheathem ISO Request Against Melamed (“Cheathem Melamed Decl.”) ¶ 3. As of September 30, 2020, this comes to interest in the amount of $2,476.42 (for 6 years, 345 days), as well as interest at a daily rate of $0.98 for each day thereafter. This interest is recoverable.

Costs

Plaintiff requests costs in the amount of $62.24 for process server’s fees. These costs are recoverable. Code Civ. Proc. § 1033.5(a)(4).

Award

Principal Award: $ 3,565.66

Interest: $ 2,476.42

Costs: $ 62.24

Total Award: $ 6,104.32

Defendant O’Connor

Principal Requested: $ 1,658.99

Interest: $ 1,006.26

Costs: $ 190.00

Total Requested: $ 2,855.25

RECOMMENDATION: GRANT

Principal Damages

Plaintiff presents evidence O’Connor received wage overpayments in the amount of $1,658.99. Declaration of Derrick Moses ISO Request Against O’Connor (“Moses O’Connor Decl.”) ¶¶ 7-9. This evidence is sufficient to support the request for damages.

Interest

Plaintiff requests pre-judgment interest under Civil Code sections 3287(a) and 3289(b). Plaintiff requests interest at a rate of 10% per annum from June 23, 2014, which it contends is the date of the first notification of the wage overpayment to O’Connor. Declaration of Terrye L. Cheathem ISO Request Against O’Connor (“Cheathem O’Connor Decl.”) ¶ 3. As of September 30, 2020, this comes to interest in the amount of $1,040.39 (for 6 years, 99 days), as well as interest at a daily rate of $0.45 for each day thereafter. This interest is recoverable.

Costs

Plaintiff requests costs in the amount of $190.00 for process server’s fees. These costs are recoverable. Code Civ. Proc. § 1033.5(a)(4).

Award

Principal Award: $ 1,658.99

Interest: $ 1,040.39

Costs: $ 190.00

Total Award: $ 2,889.38

Defendant Riley

Principal Requested: $ 20,251.77

Interest: $ 12,999.90

Costs: $ 62.24

Total Requested: $ 33,251.67

RULING: GRANT

Principal Damages

Plaintiff presents evidence Riley received wage overpayments in the amount of $20,251.77. Declaration of Derrick Moses ISO Request Against Riley (“Moses Riley Decl.”) ¶¶ 7-9. This evidence is sufficient to support the request for damages.

Interest

Plaintiff requests pre-judgment interest under Civil Code sections 3287(a) and 3289(b). Plaintiff requests interest at a rate of 10% per annum from February 14, 2014, which it contends is the date of the first notification of the wage overpayment to Riley. Declaration of Terrye L. Cheathem ISO Request Against Riley (“Cheathem Riley Decl.”) ¶ 3. As of September 30, 2020, this comes to interest in the amount of $13,421.65 (for 6 years, 229 days), as well as interest at a daily rate of $5.55 for each day thereafter. This interest is recoverable.

Costs

Plaintiff requests costs in the amount of $62.24 for process server’s fees. These costs are recoverable. Code Civ. Proc. § 1033.5(a)(4).

Award

Principal Award: $ 20,251.77

Interest: $ 13,421.65

Costs: $ 62.24

Total Award: $ 33,735.66

Defendant So

Principal Requested: $ 3,577.62

Interest: $ 2,397.57

Costs: $ 65.00

Total Requested: $ 6,040.19

RULING: GRANT

Principal Damages

Plaintiff presents evidence So received wage overpayments in the amount of $3,577.62. Declaration of Derrick Moses ISO Request Against So (“Moses So Decl.”) ¶¶ 7-9. This evidence is sufficient to support the request for damages.

Interest

Plaintiff requests pre-judgment interest under Civil Code sections 3287(a) and 3289(b). Plaintiff requests interest at a rate of 10% per annum from September 23, 2013, which it contends is the date of the first notification of the wage overpayment to So. Declaration of Terrye L. Cheathem ISO Request Against So (“Cheathem So Decl.”) ¶ 3. As of September 30, 2020, this comes to interest in the amount of $2,511.20 (for 7 years, 7 days), as well as interest at a daily rate of $0.98 for each day thereafter. This interest is recoverable.

Costs

Plaintiff requests costs in the amount of $65.00 for process server’s fees. These costs are recoverable. Code Civ. Proc. § 1033.5(a)(4).

Award

Principal Award: $ 3,577.62

Interest: $ 2,511.20

Costs: $ 65.00

Total Award: $ 6,153.82

Defendant Strickland

Principal Requested: $ 6,185.11

Interest: $ 3,970.45

Costs: $ 62.24

Total Requested: $ 10,217.80

RULING: GRANT

Principal Damages

Plaintiff presents evidence Strickland received wage overpayments in the amount of $6,185.11. Declaration of Derrick Moses ISO Request Against Strickland (“Moses Strickland Decl.”) ¶¶ 7-9. This evidence is sufficient to support the request for damages.

Interest

Plaintiff requests pre-judgment interest under Civil Code sections 3287(a) and 3289(b). Plaintiff requests interest at a rate of 10% per annum from February 14, 2014, which it contends is the date of the first notification of the wage overpayment to Strickland. Declaration of Terrye L. Cheathem ISO Request Against Strickland (“Cheathem Strickland Decl.”) ¶ 3. As of September 30, 2020, this comes to interest in the amount of $4,099.12 (for 6 years, 229 days), as well as interest at a daily rate of $1.69 for each day thereafter. This interest is recoverable.

Costs

Plaintiff requests costs in the amount of $62.24 for process server’s fees. These costs are recoverable. Code Civ. Proc. § 1033.5(a)(4).

Award

Principal Award: $ 6,185.11

Interest: $ 4,099.12

Costs: $ 62.24

Total Award: $ 10,346.47

Defendant Urey

Principal Requested: $ 5,677.25

Interest: $ 3,211.90

Costs: $ 65.00

Total Requested: $ 8,954.15

RULING: GRANT

Principal Damages

Plaintiff presents evidence Urey received wage overpayments in the amount of $5,677.25. Declaration of Derrick Moses ISO Request Against Urey (“Moses Urey Decl.”) ¶¶ 7-9. This evidence is sufficient to support the request for damages.

Interest

Plaintiff requests pre-judgment interest under Civil Code sections 3287(a) and 3289(b). Plaintiff requests interest at a rate of 10% per annum from November 21, 2014, which it contends is the date of the first notification of the wage overpayment to Urey. Declaration of Terrye L. Cheathem ISO Request Against Urey (“Cheathem Urey Decl.”) ¶ 3. As of September 30, 2020, this comes to interest in the amount of $3,327.02 (for 5 years, 314 days), as well as interest at a daily rate of $1.56 for each day thereafter. This interest is recoverable.

Costs

Plaintiff requests costs in the amount of $65.00 for process server’s fees. These costs are recoverable. Code Civ. Proc. § 1033.5(a)(4).

Award

Principal Award: $ 5,677.25

Interest: $ 3,327.02

Costs: $ 65.00

Total Award: $ 9,069.27

Defendant Villanueva

Principal Requested: $ 5,742.50

Interest: $ 3,343.26

Costs: $ 195.00

Total Requested: $ 9,280.76

RULING: GRANT

Principal Damages

Plaintiff presents evidence Villanueva received wage overpayments in the amount of $5,742.50. Declaration of Derrick Moses ISO Request Against Villanueva (“Moses Villanueva Decl.”) ¶¶ 7-9. This evidence is sufficient to support the request for damages.

Interest

Plaintiff requests pre-judgment interest under Civil Code sections 3287(a) and 3289(b). Plaintiff requests interest at a rate of 10% per annum from September 22, 2014, which it contends is the date of the first notification of the wage overpayment to Villanueva. Declaration of Terrye L. Cheathem ISO Request Against Villanueva (“Cheathem Villanueva Decl.”) ¶ 3. As of September 30, 2020, this comes to interest in the amount of $3,458.09 (for 6 years, 8 days), as well as interest at a daily rate of $1.57 for each day thereafter. This interest is recoverable.

Costs

Plaintiff requests costs in the amount of $195.00 for process server’s fees. These costs are recoverable. Code Civ. Proc. § 1033.5(a)(4).

Award

Principal Award: $ 5,742.50

Interest: $ 3,458.09

Costs: $ 195.00

Total Award: $ 9,395.59

Defendant Villegas

Principal Requested: $ 3,498.59

Interest: $ 2,287.94

Costs: $ 62.24

Total Requested: $ 5,848.77

RULING: GRANT

Principal Damages

Plaintiff presents evidence Villegas received wage overpayments in the amount of $3,498.59. Declaration of Derrick Moses ISO Request Against Villegas (“Moses Villegas Decl.”) ¶¶ 7-9. This evidence is sufficient to support the request for damages.

Interest

Plaintiff requests pre-judgment interest under Civil Code sections 3287(a) and 3289(b). Plaintiff requests interest at a rate of 10% per annum from November 22, 2013, which it contends is the date of the first notification of the wage overpayment to Villegas. Declaration of Terrye L. Cheathem ISO Request Against Villegas (“Cheathem Villegas Decl.”) ¶ 3. As of September 30, 2020, this comes to interest in the amount of $2,399.17 (for 6 years, 313 days), as well as interest at a daily rate of $2.13 for each day thereafter. This interest is recoverable.

Costs

Plaintiff requests costs in the amount of $62.24 for process server’s fees. These costs are recoverable. Code Civ. Proc. § 1033.5(a)(4).

Award

Principal Award: $ 3,498.59

Interest: $ 2,399.17

Costs: $ 62.24

Total Award: $ 5,960.00