On 12/06/2017 ALEC DANIEL RIVERA filed a Labor - Other Labor lawsuit against WANTMYLOOK INC. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The case status is Pending - Other Pending.
Pending - Other Pending
Los Angeles County Superior Courts
Stanley Mosk Courthouse
Los Angeles, California
RIVERA JARED MARK
RIVERA ALEC DANIEL
DOES 1 TO 20
BABAIAN RAYMOND ESQ.
THOMPSON DEAN GREGORY ESQ.
7/16/2020: Judgment - JUDGMENT JUDGMENT
7/24/2019: Minute Order - MINUTE ORDER (ORDER TO SHOW CAUSE RE: DEFAULT JUDGMENT AS TO THE CORPORATE ...)
9/25/2019: Notice - NOTICE NOTICE OF CONTINUANCE OF HEARING DATE
10/3/2019: Motion to Enforce Settlement
11/7/2019: Minute Order - MINUTE ORDER (HEARING ON MOTION TO CONTINUE MOTION TO ENFORCE SETTLEMENT AG...)
11/22/2019: Declaration - DECLARATION DECLARATION OF RAYMOND BABAIAN IN SUPPORT OF PLAINTIFFS ALEC RIVERA AND JARED RIVERA'S APPLICATION FOR DEFAULT JUDGMENT BY THE COURT
11/22/2019: Request for Dismissal
11/22/2019: Declaration - DECLARATION DECLARATION OF JARED M. RIVERA IN SUPPORT OF PLAINTIFF'S APPLICATION FOR DEFAULT JUDGMENT BY THE COURT
2/26/2020: Minute Order - MINUTE ORDER (ORDER TO SHOW CAUSE RE: ENTRY OF DEFAULT JUDGMENT AS TO DEFEN...)
8/17/2018: Minute Order -
11/16/2018: Proof of Service (not Summons and Complaint)
12/19/2018: Minute Order - Minute Order (Hearing on Motion to be Relieved as Counsel for Defendant Wan...)
12/19/2018: Order Granting Attorney's Motion to Be Relieved as Counsel-Civil
2/20/2019: Notice Re: Continuance of Hearing and Order
2/26/2019: Notice of Ruling
3/8/2019: Request for Entry of Default / Judgment
6/3/2019: Proof of Service by Substituted Service
12/6/2017: PLAINTIFFS' COMPLAINT FOR: 1. FAILURE TO PROVIDE REST BREAKS PURSUANT TO LABOR CODE 2263; ETC
Docketat 08:30 AM in Department 74; Order to Show Cause Re: (entry of default judgment as to defendant Wantmylook, Inc.) - Not Held - Taken Off Calendar by CourtRead MoreRead Less
DocketMinute Order ( (Order to Show Cause Re: entry of default judgment as to defen...)); Filed by ClerkRead MoreRead Less
DocketCertificate of Mailing for ((Order to Show Cause Re: entry of default judgment as to defen...) of 07/17/2020, Default Judgement); Filed by ClerkRead MoreRead Less
DocketJudgment (JUDGMENT); Filed by Alec Daniel Rivera (Plaintiff); Jared Mark Rivera (Plaintiff)Read MoreRead Less
DocketJudgment (- Default Judgment By Court - Before Trial - 07/17/2020 entered for Plaintiff Alec Daniel Rivera, an individual; Plaintiff Jared Mark Rivera, an individual against Defendant Wantmylook, Inc., a California Corporation.); Filed by ClerkRead MoreRead Less
Docketat 08:30 AM in Department 74; Order to Show Cause Re: (entry of default judgment as to defendant Wantmylook, Inc.) - Not Held - Advanced and Continued - by CourtRead MoreRead Less
Docketat 09:05 AM in Department 74; Court OrderRead MoreRead Less
DocketMinute Order ( (Court Order)); Filed by ClerkRead MoreRead Less
DocketCertificate of Mailing for ([Minute Order (Court Order)]); Filed by ClerkRead MoreRead Less
Docketat 08:30 AM in Department 74; Order to Show Cause Re: (entry of default judgment as to defendant Wantmylook, Inc.) - Not Held - Continued - Court's MotionRead MoreRead Less
DocketPROOF OF SERVICE OF SUMMONSRead MoreRead Less
DocketNOTICE OF CASE MANAGEMENT CONFERENCERead MoreRead Less
DocketNotice of Case Management Conference; Filed by ClerkRead MoreRead Less
DocketORDER TO SHOW CAUSE HEARINGRead MoreRead Less
DocketOSC-Failure to File Proof of Serv; Filed by ClerkRead MoreRead Less
DocketProof-Service/Summons; Filed by Alec Daniel Rivera (Plaintiff); Jared Mark Rivera (Plaintiff)Read MoreRead Less
DocketPROOF OF SERVICE SUMMONSRead MoreRead Less
DocketComplaint; Filed by Alec Daniel Rivera (Plaintiff); Jared Mark Rivera (Plaintiff)Read MoreRead Less
DocketSUMMONSRead MoreRead Less
DocketPLAINTIFFS' COMPLAINT FOR: 1. FAILURE TO PROVIDE REST BREAKS PURSUANT TO LABOR CODE 2263; ETCRead MoreRead Less
Case Number: BC686004 Hearing Date: January 23, 2020 Dept: 74
BC686004 ALEC DANIEL RIVERA ET AL VS WANTMYLOOK INC
Plaintiffs Alec Daniel Rivera’s and Jared Mark Rivera’s Unopposed Motion to Enforce Settlement Agreement
TENTATIVE RULING: The motion is GRANTED. Plaintiffs are awarded $2,225.30.
Plaintiffs request the Court enter judgment pursuant to the terms of the settlement agreement and enforce the agreement.
Plaintiffs attach the fully executed settlement agreement for the claims in the instant case. (Babaian Decl., ¶ 2, Exh. A (“Confidential Settlement and General Release Agreement.”) The agreement is signed by Plaintiffs, Pedram, and Babaian (Plaintiffs’ counsel). The agreement was dated February 12, 2019. The agreement states in pertinent part:
“In consideration of the promises, covenants and conditions hereinafter set forth, IT IS AGREED AS FOLLOWS:
1. SETTLEMENT PAYMENT. Mr. Pedram agrees to pay the total gross sum of Four Thousand Dollars ($4,000 (“Settlement Amount”) in full settlement of Alec and Jared’s claims as to Pedram ONLY….” (Confidential Settlement and General Release Agreement, ¶ 1.)
The terms of the agreement evidence the parties’ desire to enter into an enforceable contract. Further, the agreement expressly states that the agreement is enforceable under section 664.4 and the Court retains jurisdiction to enforce the agreement. (Confidential Settlement and General Release Agreement, ¶ 15.) Additionally, Pedram make no opposition to the motion.
The motion to enforce settlement is GRANTED.
Outstanding Balance and Interest
Plaintiffs argue Pedram has not paid the remaining $3,000 settlement amount to date. (Babaian Decl., ¶ 6.) Plaintiffs argue Pedram is now 287 days in default and, according to the agreement, Plaintiffs in entitled to $235.89 in late fees (10% daily interest.) (Babaian Suppl. Decl., ¶ 6.) The agreement states, in pertinent part:
“In the event any payment referenced above is late, then Pedram shall be obligated to pay 10% daily interest on any portion of the payment that is late.”
“Payments shall be made in four equal installments in the amount of $1,000 per month. The first payment shall be made within thirty (30) days of the execution of this agreement. The second installment shall be made within thirty (30) days of the first installment. The Third installment shall be made within thirty (30) days of the second installment, and the fourth and final installment shall be made within (30) days of the third installment.” (Confidential Settlement and General Release Agreement, ¶¶ 1A – B.)
Based on the terms of the agreement, Pedram is to pay Plaintiffs $1,000 by March 13, 2019 and $1,000 within 30 days thereafter. Pedram made his first payment on July 10, 2019. Pedram failed to make any additional payments after July 10, 2019. Pedram’s second payment is due on August 10, 2019. Since Pedram has not made any payments since July 10, 2019, he is 165 days in default as of January 23, 2020. Therefore, Pedram owes $135.30 in late fees for the remaining $3,000.
Late fees are GRANTED in the total amount of $135.30.
Attorney’s Fees, Costs, and Expenses
The agreement explicitly states:
“…In the event of a breach of any aspect of this Agreement, the prevailing party in any action to enforce the terms of this Agreement shall be entitled to recover reasonable attorney’s fees and costs….” (Confidential Settlement and General Release Agreement, ¶ 15.)
Plaintiffs seek $2,750 in attorney’s fees and $90 in costs and expenses. The fee requested is for five (5) hours at an hourly rate of $550 per hour. (Babaian Suppl. Decl., ¶ 8.) The five requested hours includes time counsel took to prepare the instant motion and anticipated court hearing time associated with the instant motion. (Id.) Based on the Court’s experience with attorney’s fees awards obtained by routinely dealing with requests in complex cases or on motions, Plaintiffs’ request for five (5) hours of work spent on a single motion, travel time, and hearing time is reasonable. However, counsel’s $550 per hour rate is unreasonable. Counsel did not provide any evidence to support his unusually high rate. Therefore, the Court grant Plaintiffs reasonable attorney’s fees of $2,000 for 5 hours at $400 per hour.
Attorney’s fees, costs, and expenses are GRANTED in the total amount of $2,090.
Case Number: BC686004 Hearing Date: November 07, 2019 Dept: 74
BC686004 ALEC DANIEL RIVERA ET AL VS WANTMYLOOK INC ET AL
Plaintiffs’ Motion to Enforce Settlement Agreement
TENTATIVE RULING: The motion is continued to January 23, 2020. Plaintiffs are to efile and serve an interest calculation five court days before the hearing.
Plaintiffs are entitled to judgment including interest, costs and attorney fees; however, plaintiffs have not shown how their request for interest was calculated. Plaintiffs seek interest in the amount of $400 which would be interest due on the entire amount of the settlement at the end of one year. The settlement in this case was entered into less than one year ago, and partial payment was made.
The court notes this motion was reserved as a motion to continue, rather than a motion to enforce settlement. Plaintiff is admonished to adhere to the directions in the Amended General Order re Mandatory Efiling and to refrain from misidentifying document types in future filings to obtain earlier hearing dates or for any other reason.