On 06/17/2015 ROBERT BENYAMIN filed a Labor - Wrongful Termination lawsuit against RAFIK MADADIAN. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judges overseeing this case are MICHELLE R. ROSENBLATT and DAVID SOTELO. The case status is Pending - Other Pending.
****5435
06/17/2015
Pending - Other Pending
Los Angeles County Superior Courts
Stanley Mosk Courthouse
Los Angeles, California
MICHELLE R. ROSENBLATT
DAVID SOTELO
BENYAMIN ROBERT
DOES 1-50
MADADIAN RAFIK
R AND AUTO CLINIC
R AND R AUTO CLINIC
R AND R AUTO CLINIC AND SMOG
MADADIAN RAFIK DBA R AND R AUTO CLINIC DBA R AND R AUTO CLINIC AND SMOG
YOOSEFIAN LAW FIRM PC
YOOSEFIAN RONALD
YARIAN LEVIK ESQ.
LEVIK YARIAN APLC
YARIAN LEVIK YARIAN
7/19/2018: Minute Order
9/7/2018: NOTICE OF MANDATORY APPEARANCE FOR ALL PARTIES
10/30/2018: Minute Order
1/22/2019: Statement of Damages (Personal Injury or Wrongful Death)
1/23/2019: Minute Order
6/11/2019: Notice
6/11/2019: Minute Order
6/17/2015: SUMMONS
6/19/2015: PROOF OF SERVICE SUMMONS
7/15/2015: DEFENDANT'S ANSWER AND AFFIRMATIVE DEFENSES TO PLAINTIFF'S COMPLAINT FOR DAMAGES
8/12/2015: NOTICE OF CASE MANAGEMENT CONFERENCE
10/20/2015: CIVIL DEPOSIT
8/5/2016: DEFENDANTS' NOTICE OF POSTING OF JURY FEES
2/3/2017: MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF DEFENDANTS' EX PARTE APPLICATION FOR AN ORDER TO CONTINUE TRIAL FOR NINETY (90) DAYS; DECLARATION OF LEVIK YARIAN, ESQ.
2/28/2017: NOTICE OF MOTION AND APPLICATION FOR CLAIM OF EXEMPTION PURSUANT TO C.C.P. 708.450; MEMORANDUM OF POINTS AND AUTHORITIES, ETC
6/19/2017: PROOF OF SERVICE OF SUMMONS
6/29/2017: NOTICE RE: CONTINUANCE OF TRIAL
8/10/2017: NOTICE RE: COURT ORDER
Amended Complaint (1st); Filed by Robert Benyamin (Plaintiff)
Complaint (1st); Filed by Robert Benyamin (Plaintiff)
at 08:30 AM in Department 40; Order to Show Cause Re: (entry of default judgment) - Held - Continued
Notice (of Order to Show Cause re Default); Filed by Robert Benyamin (Plaintiff)
Minute Order ( (Order to Show Cause Re: entry of default judgment)); Filed by Clerk
at 08:30 AM in Department 40; Order to Show Cause Re: (entry of default judgment) - Held - Continued
Certificate of Mailing for (Minute Order (Order to Show Cause Re: entry of default judgment) of 04/03/2019); Filed by Clerk
Minute Order ( (Order to Show Cause Re: entry of default judgment)); Filed by Clerk
Notice (of Order to Show CAuse); Filed by Robert Benyamin (Plaintiff)
at 08:30 AM in Department 40; Order to Show Cause Re: (Default) - Held
Proof-Service/Summons; Filed by Robert Benyamin (Plaintiff)
Proof-Service/Summons; Filed by Robert Benyamin (Plaintiff)
PROOF OF SERVICE SUMMONS
PROOF OF SERVICE SUMMONS
PROOF OF SERVICE SUMMONS
PROOF OF SERVICE SUMMONS
PROOF OF SERVICE SUMMONS
COMPLAINT FOR DAMAGES FOR: 1. FAILURE TO PROVIDE MEAL BREAKS; ETC
SUMMONS
Complaint; Filed by Robert Benyamin (Plaintiff)
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
Rafik Madadian, an individual;
Rafik Madadian, doing business as R and R Auto Clinic;
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.