This case was last updated from Los Angeles County Superior Courts on 07/05/2019 at 08:58:35 (UTC).

ROBERT BENYAMIN VS RAFIK MADADIAN ET AL

Case Summary

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.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****5435

  • Filing Date:

    06/17/2015

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Labor - Wrongful Termination

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judges

MICHELLE R. ROSENBLATT

DAVID SOTELO

 

Party Details

Plaintiff

BENYAMIN ROBERT

Defendants and Respondents

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

Attorney/Law Firm Details

Plaintiff Attorneys

YOOSEFIAN LAW FIRM PC

YOOSEFIAN RONALD

Defendant and Respondent Attorneys

YARIAN LEVIK ESQ.

LEVIK YARIAN APLC

YARIAN LEVIK YARIAN

 

Court Documents

Minute Order

7/19/2018: Minute Order

NOTICE OF MANDATORY APPEARANCE FOR ALL PARTIES

9/7/2018: NOTICE OF MANDATORY APPEARANCE FOR ALL PARTIES

Minute Order

10/30/2018: Minute Order

Statement of Damages (Personal Injury or Wrongful Death)

1/22/2019: Statement of Damages (Personal Injury or Wrongful Death)

Minute Order

1/23/2019: Minute Order

Notice

6/11/2019: Notice

Minute Order

6/11/2019: Minute Order

SUMMONS

6/17/2015: SUMMONS

PROOF OF SERVICE SUMMONS

6/19/2015: PROOF OF SERVICE SUMMONS

DEFENDANT'S ANSWER AND AFFIRMATIVE DEFENSES TO PLAINTIFF'S COMPLAINT FOR DAMAGES

7/15/2015: DEFENDANT'S ANSWER AND AFFIRMATIVE DEFENSES TO PLAINTIFF'S COMPLAINT FOR DAMAGES

NOTICE OF CASE MANAGEMENT CONFERENCE

8/12/2015: NOTICE OF CASE MANAGEMENT CONFERENCE

CIVIL DEPOSIT

10/20/2015: CIVIL DEPOSIT

DEFENDANTS' NOTICE OF POSTING OF JURY FEES

8/5/2016: DEFENDANTS' NOTICE OF POSTING OF JURY FEES

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.

2/3/2017: 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.

NOTICE OF MOTION AND APPLICATION FOR CLAIM OF EXEMPTION PURSUANT TO C.C.P. 708.450; MEMORANDUM OF POINTS AND AUTHORITIES, ETC

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

PROOF OF SERVICE OF SUMMONS

6/19/2017: PROOF OF SERVICE OF SUMMONS

NOTICE RE: CONTINUANCE OF TRIAL

6/29/2017: NOTICE RE: CONTINUANCE OF TRIAL

NOTICE RE: COURT ORDER

8/10/2017: NOTICE RE: COURT ORDER

80 More Documents Available

 

Docket Entries

  • 06/24/2019
  • Amended Complaint (1st); Filed by Robert Benyamin (Plaintiff)

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  • 06/24/2019
  • Complaint (1st); Filed by Robert Benyamin (Plaintiff)

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  • 06/11/2019
  • at 08:30 AM in Department 40; Order to Show Cause Re: (entry of default judgment) - Held - Continued

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  • 06/11/2019
  • Notice (of Order to Show Cause re Default); Filed by Robert Benyamin (Plaintiff)

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  • 06/11/2019
  • Minute Order ( (Order to Show Cause Re: entry of default judgment)); Filed by Clerk

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  • 04/03/2019
  • at 08:30 AM in Department 40; Order to Show Cause Re: (entry of default judgment) - Held - Continued

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  • 04/03/2019
  • Certificate of Mailing for (Minute Order (Order to Show Cause Re: entry of default judgment) of 04/03/2019); Filed by Clerk

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  • 04/03/2019
  • Minute Order ( (Order to Show Cause Re: entry of default judgment)); Filed by Clerk

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  • 02/22/2019
  • Notice (of Order to Show CAuse); Filed by Robert Benyamin (Plaintiff)

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  • 02/11/2019
  • at 08:30 AM in Department 40; Order to Show Cause Re: (Default) - Held

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161 More Docket Entries
  • 06/19/2015
  • Proof-Service/Summons; Filed by Robert Benyamin (Plaintiff)

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  • 06/19/2015
  • Proof-Service/Summons; Filed by Robert Benyamin (Plaintiff)

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  • 06/19/2015
  • PROOF OF SERVICE SUMMONS

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  • 06/19/2015
  • PROOF OF SERVICE SUMMONS

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  • 06/19/2015
  • PROOF OF SERVICE SUMMONS

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  • 06/19/2015
  • PROOF OF SERVICE SUMMONS

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  • 06/19/2015
  • PROOF OF SERVICE SUMMONS

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  • 06/17/2015
  • COMPLAINT FOR DAMAGES FOR: 1. FAILURE TO PROVIDE MEAL BREAKS; ETC

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  • 06/17/2015
  • SUMMONS

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  • 06/17/2015
  • Complaint; Filed by Robert Benyamin (Plaintiff)

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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

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

[¿] 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))

[¿] 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.