ROBERT BENYAMIN VS RAFIK MADADIAN ET AL

Tentative Rulings

Case Number: BC585435    Hearing Date: January 24, 2020    Dept: 40

Case Name: Robert Benyamin v. Rafik Madadian, et al.

Case #: BC585435

Hearing Date: 1/24/20

Defaulting Party: Defendants

1. Rafik Madadian, an individual;

2. Rafik Madadian, doing business as R and R Auto Clinic;

3. Rafik Madadian, doing business as R and R Auto Clinic and Smog.

Total Amount: $ 160,816.34 BACKGROUND: Plaintiff Robert Benyamin (“Plaintiff”) was employed by Defendants. Plaintiff alleges that Defendants failed to pay him overtime and provide him with meal and rest breaks. Plaintiff also alleges that he was injured on the job and that Defendants retaliated against him by terminating him after he went on medical leave.

[¿] DEFAULT ENTERED ON: 11/25/19 as to Defendants

[¿] MANDATORY JUDICIAL COUNCIL FORM CIV-100 SUBMITTED FOR ENTRY OF

COURT JUDGMENT (CRC 3.1800(a))

[¿] SERVICE:

Summons and Complaint

• On June 24, 2019, Defendants were served the summons and first amended complaint via mail at 321 W. Maple Street, Glendale, CA 91204.

[¿] DECLARATION OF MAILING -- Request for Entry of Default to Defendant (CCP § 587)

• On November 20, 2019, the request for entry of default was mailed to Defendants at

  24309 Creekside Rd. #112, Valencia, CA 91355

[¿] NO PENDING MOTION TO VACATE DEFAULT

[¿] SUMMARY OF CASE PROVIDED (CRC 3.1800(a)(1)) - or other declaration OK [ ]

[¿] EVIDENTIARY DECLARATIONS/OTHER EVIDENCE (CRC 3.1800(a)(2))

• Plaintiff provides a declaration. Plaintiff states that Defendants failed to pay him overtime wages, denied him meal and rest breaks, and retaliated against him after he became injured on the job. (Benyamin Decl.)

[¿] RELIEF PRAYED FOR IN COMPLAINT (same as requested in default?): [X] yes [ ] no

[¿] Demand of Complaint: n/a.

[¿] Damages

Special: $ 39,062.34

General: $ 100,000

[¿] Interest: $ 13,906.23

[¿] Costs: $ 4,567.15

[X] Attorney’ Fees: $ 3,280.62?

Total: $ 160,816.34

Plaintiff’s counsel cites to Local Rule 3.214 to seek attorneys’ fees. Rule 3.214 states that: “[w]hen a promissory note, contract, or statute provides for the recovery of reasonable attorneys’ fees, the following schedule will apply to the amount of the new judgment unless otherwise determined by the court.” Plaintiff has not indicated what specific statute allows the recovery of attorneys’ fees.

[¿] INTEREST COMPUTATIONS (CRC 3.1800(a)(3))

[X] ATTORNEY FEE DECLARATION -- Request according to Local Rule 3.214 or reason provided why greater fees should be allowed (CRC 3.1800(b))

[ ] Request for atty fees allowed by statute or agreement of parties (CRC 3.1800(a)(9)):

[ ] $960/$1,200 for book account claim (Civil Code § 1717.5)

[¿] MEMORANDUM OF COSTS (CRC 3.1800(a)(4))

[¿] STATEMENT OF DAMAGES (CCP § 425.11):

[ ] PI/Death Case [ ] Punitives demanded [ ] Accounting

[ ] Evidence of net worth of defendant? [ ] Yes [ ] No

(If no, punitives may not be assessed. Adams v. Murakami (1991) 54 Cal.3d 105.)

[¿] DECLARATION OF NON-MILITARY STATUS executed within 6 months?

Date: 11-20-19 (CRC 3.1800(a)(5); Interinsurance Exchange v. Collins (1994) 30 Cal.App.4th 1445, 1447.)

[¿] REQUEST FOR DISMISSAL OF DOES (CRC 3.1800(a)(7))

[ ] If not, authority/basis for several judgment (CCP § 579)

[n/a.] WAS DEFAULTING DEFENDANT A DOE? (CCP § 474) - must do one of the following:

[ ] Summons notifies defendant that s/he was served under a fictitious name

[ ] Proof of service states that the Doe amendment form was served with the complaint

[ ] Complaint amended to reflect the true defendant’s name & allegations support claim

[n/a.] ORIGINALS Promissory note or other written obligation to pay money must be provided for cancellation by the Clerk per CRC 3.1806

[ ] If no originals, declaration explaining loss/destruction/unavailability of originals

[ ] Proposed order for Court to accept authenticated copy in lieu of original

[¿] PROPOSED FORM OF JUDGMENT INCLUDED (CRC 3.1800(a)(6))

RECOMMENDATION: GRANTED IN PART

TENTATIVE RULING: The Court GRANTS the judgment in full.

The matter is submitted on declaration pursuant to Code of Civil Procedure section 585(d). The

Court has read and considered the documents submitted in support of entry of default judgment.

Judgment is signed and filed this date.

Default Judgment by Court entered for Plaintiff Robert Benyamin against Defendants Rafik Madadian, Rafik Madadian dba R and R Auto Clinic, and Rafik Madadian dba R and R Auto Clinic and Smog, on the Complaint filed by Robert Benyamin on 6/24/2019 for damages in the amount of $139,062.34, for interest in the amount of $13,906.23, costs in the amount of $4,567.15, and attorney fees of $ 3,280.62for a total of $160,816.34.