This case was last updated from Los Angeles County Superior Courts on 06/03/2020 at 08:58:55 (UTC).

CHUCK CASTAGNOLO ET AL VS LIFELONG EDUCATION INSTITUTE ET AL

Case Summary

On 03/19/2018 CHUCK CASTAGNOLO filed a Labor - Other Labor lawsuit against LIFELONG EDUCATION INSTITUTE. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is MICHAEL P. LINFIELD. The case status is Disposed - Judgment Entered.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****7648

  • Filing Date:

    03/19/2018

  • Case Status:

    Disposed - Judgment Entered

  • Case Type:

    Labor - Other Labor

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judge

MICHAEL P. LINFIELD

 

Party Details

Plaintiffs, Petitioners and Respondents

HADID BACHIR

HAWATHMEH ANTON DR.

LABONOG BEN

CASTAGNOLO CHUCK

JONES IAN

RODNEY SARAH

WONG JACK

MOFIDI BIJAN

NGUEN RANDY

MINASSIAN ZARA

NGUYEN MIHN

NGO-HAZELETT PHUONG

MERILL KELSEY

WILSON JERE

POON PETER

Plaintiffs and Petitioners

HADID BACHIR

HAWATHMEH ANTON DR.

LABONOG BEN

CASTAGNOLO CHUCK

RODNEY SARAH

WONG JACK

MOFIDI BIJAN

NGUEN RANDY

MINASSIAN ZARA

NGUYEN MIHN

NGO-HAZELETT PHUONG

MERILL KELSEY

WILSON JERE

POON PETER

Defendants and Respondents

LEITE FRANCISCO

LIFELONG EDUCATION INSTITUTE

DOES 1 THROUGH 100

CORMAN TEDD

OLIVIERA EDUARDO

JONES IAN

Attorney/Law Firm Details

Plaintiff and Petitioner Attorneys

LAZO MARC Y. ESQ.

LAZO MARC Y.

LAZO MARC YOUSSEF

Defendant and Respondent Attorneys

NOWLAND THOMAS F. ESQ.

NOWLAND THOMAS F.

 

Court Documents

NOTICE RE: CONTINUANCE OF HEARING

6/18/2018: NOTICE RE: CONTINUANCE OF HEARING

CASE MANAGEMENT STATEMENT -

8/31/2018: CASE MANAGEMENT STATEMENT -

CASE MANAGEMENT STATEMENT

9/5/2018: CASE MANAGEMENT STATEMENT

NOTICE OF RULING

9/24/2018: NOTICE OF RULING

Declaration Pursuant to 585 CCP in Support of Default Judgment

12/23/2019: Declaration Pursuant to 585 CCP in Support of Default Judgment

Declaration Pursuant to 585 CCP in Support of Default Judgment - DECLARATION PURSUANT TO 585 CCP IN SUPPORT OF DEFAULT JUDGMENT DECLARATION OF PETER POON IN SUPPORT OF REQUEST FOR DEFAULT JUDGMENT BY

11/27/2019: Declaration Pursuant to 585 CCP in Support of Default Judgment - DECLARATION PURSUANT TO 585 CCP IN SUPPORT OF DEFAULT JUDGMENT DECLARATION OF PETER POON IN SUPPORT OF REQUEST FOR DEFAULT JUDGMENT BY

Minute Order - MINUTE ORDER (ORDER TO SHOW CAUSE RE: FAILURE TO FILE PROOF OF SERVICE AND ...)

12/2/2019: Minute Order - MINUTE ORDER (ORDER TO SHOW CAUSE RE: FAILURE TO FILE PROOF OF SERVICE AND ...)

Request for Entry of Default / Judgment

7/9/2019: Request for Entry of Default / Judgment

Minute Order - MINUTE ORDER (ORDER TO SHOW CAUSE RE: FAILURE TO FILE PROOF OF SERVICE AND ...)

7/10/2019: Minute Order - MINUTE ORDER (ORDER TO SHOW CAUSE RE: FAILURE TO FILE PROOF OF SERVICE AND ...)

Request for Entry of Default / Judgment

5/15/2019: Request for Entry of Default / Judgment

Declaration - DECLARATION DECLARATION OF MARC Y. LAZO IN RESPONSE TO OSC RE DISMISSAL

3/22/2019: Declaration - DECLARATION DECLARATION OF MARC Y. LAZO IN RESPONSE TO OSC RE DISMISSAL

Proof of Personal Service

3/22/2019: Proof of Personal Service

Certificate of Mailing for - CERTIFICATE OF MAILING FOR MINUTE ORDER (FINAL STATUS CONFERENCE) OF 03/13/2019

3/13/2019: Certificate of Mailing for - CERTIFICATE OF MAILING FOR MINUTE ORDER (FINAL STATUS CONFERENCE) OF 03/13/2019

Request for Entry of Default / Judgment -

10/3/2018: Request for Entry of Default / Judgment -

Notice of Stay of Proceedings (Bankruptcy) -

10/11/2018: Notice of Stay of Proceedings (Bankruptcy) -

82 More Documents Available

 

Docket Entries

  • 01/15/2020
  • Docketat 08:30 AM in Department 34; Order to Show Cause Re: Failure to File Proof of Service and Failure to File Default Judgment Pursuant to CRC 3.740 - Held

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  • 01/15/2020
  • DocketMinute Order ( (Order to Show Cause Re: Failure to File Proof of Service and ...)); Filed by Clerk

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  • 01/15/2020
  • DocketOrder (RULING RE: PLAINTIFFS' REQUEST FOR ENTRY OF DEFAULT JUDGMENT); Filed by Clerk

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  • 12/23/2019
  • DocketDeclaration Pursuant to 585 CCP in Support of Default Judgment; Filed by Dr. Anton Hawatmeh (Plaintiff)

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  • 12/23/2019
  • DocketDeclaration Pursuant to 585 CCP in Support of Default Judgment; Filed by Mihn Nguyen (Plaintiff)

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  • 12/02/2019
  • Docketat 08:30 AM in Department 34; Order to Show Cause Re: Failure to File Proof of Service and Failure to File Default Judgment Pursuant to CRC 3.740 - Held - Continued

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  • 12/02/2019
  • DocketOrder - Dismissal; Filed by Court

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  • 12/02/2019
  • DocketMinute Order ( (Order to Show Cause Re: Failure to File Proof of Service and ...)); Filed by Clerk

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  • 11/27/2019
  • DocketDeclaration Pursuant to 585 CCP in Support of Default Judgment (DECLARATION OF IAN JONES IN SUPPORT OF REQUEST FOR DEFAULT JUDGMENT BY COURT AGAINST DEFENDANTS LIFELONG EDUCATION INSTITUTE, FRANCISCO LEITE AND TEDD CORMAN PURSUANT TO C.C.P. I'1585(d)); Filed by Chuck Castagnolo (Plaintiff)

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  • 11/27/2019
  • DocketDeclaration Pursuant to 585 CCP in Support of Default Judgment (DECLARATION OF BIJAN MOFIDI IN SUPPORT OF REQUEST FOR DEFAULT JUDGMENT BY COURT AGAINST DEFENDANTS LIFELONG EDUCATION INSTITUTE, FRANCISCO LEITE AND TEDD CORMAN PURSUANT TO C.C.P. 585(d)); Filed by Bijan Mofidi (Plaintiff)

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94 More Docket Entries
  • 06/18/2018
  • DocketNOTICE RE: CONTINUANCE OF HEARING

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  • 06/04/2018
  • DocketNOTICE OF DEMURRER AND DEMURRER OF EDUARDO OLIVEIRA TO PLAINTIFFS' COMPLAINT; ETC

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  • 06/04/2018
  • DocketDemurrer; Filed by Eduardo Oliviera (Defendant)

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  • 06/04/2018
  • DocketDeclaration; Filed by Eduardo Oliviera (Defendant)

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  • 06/04/2018
  • DocketDECLARATION OF SARAH K. SIMON, ESQ IN SUPPORT DEMURRER OF EDUARDO OLIVEIRA TO PLAINTIFFS' COMPLAINT

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  • 04/04/2018
  • DocketNOTICE OF CASE MANAGEMENT CONFERENCE

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  • 04/04/2018
  • DocketNotice of Case Management Conference; Filed by Clerk

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  • 03/19/2018
  • DocketCOMPLAINT FOR DAMAGES: 1. FAILURE TO PAY FOR ALL WAGES ;ETC

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  • 03/19/2018
  • DocketComplaint; Filed by Chuck Castagnolo (Plaintiff); Bachir Hadid (Plaintiff); Dr. Anton Hawathmeh (Plaintiff) et al.

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  • 03/19/2018
  • DocketSUMMONS

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Tentative Rulings

Case Number: BC697648    Hearing Date: January 15, 2020    Dept: 34

PLAINTIFFS’ REQUEST FOR ENTRY OF DEFAULT JUDGMENT

BACKGROUND:

On March 19, 2018, Plaintiffs Chuck Castagnolo, Bachir Hadid, Dr. Anton Hawatmeh, Ian Jones, Ben Labonog, Kelsey Merill, Zara Minassian, Bijan Mofidi, Phuong Nog-Hazelett, Randy Nguen, Minh Nguyen, Dr. Peter Poon, Sarah Rodney, Jere Wilson, and Jack Wong (“Plaintiffs”) commenced this action against Defendants Lifelong Education Institute, Francisco Leite, Eduardo Oliviera, and Tedd Corman.

On July 5, 2018, Plaintiffs filed their first amended complaint (“FAC”) for (1) failure to pay all wages; (2) failure to provide accurate itemized wage statements; (3) constructive discharge; (4) breach of contract; (5) unjust enrichment; (6) embezzlement/conversion; (7) violation of Business and Professions Code § 17200; (8) negligence; (9) breach of contract; and (10) PAGA (Labor Code §2699 et seq.).

Plaintiffs allege that Defendants misappropriated funds that resulted in bounced payroll checks to the employees due to insufficient funds, inconsistent payment of wages, and other Labor violations. (Summary of Case, p. 2:2-4.)

Plaintiffs request that the Court take judicial notice of the FAC and the request for entry of default entered against Defendants Tedd Corman, Francisco Leite, and Lifelong Education Institute. This request is DENIED as superfluous. (Cal. Rules of Court, rule 3.110(d).) Any party that wishes to draw the Court’s attention to a matter filed in this action may simply cite directly to the document by execution and filing date. (See California Rules of Court, Rule 3.1110(d).)

On December 2, 2019, the Court intended to deny Plaintiff’s request for entry of default judgment and dismiss with case without prejudice because Plaintiff failed to file any additional documents and the default judgment packet in front of the Court was deficient. However, pursuant to an oral request at the hearing, Plaintiff represented he submitted various documents on November 27, 2019 and requested that the Court continue the hearing to 01/15/2020. The Court stated that if Plaintiff failed to have default judgment entered by the next hearing date, the Court would dismiss the case. (See 12/02/19 Minute Order, p. 4.)

ANALYSIS:

Plaintiffs state that certain amounts are owed to them as their wages and some Plaintiffs provide evidence as to why these amounts are accurate. (See Lazo Decl., ¶¶30, 39; M. Nguyen Decl., ¶14; Hawatmeh Decl., ¶ 17; Jones Decl., ¶14; Mofidi Decl., ¶ 15; Wilson Decl., ¶ 17; Wong Decl., ¶ 15; Castagnolo Decl., ¶ 14; Merill Decl., ¶ 14; Labonog Decl., ¶ 15; Poon Decl., ¶ 16.)

However, Plaintiffs, Hadid, Minassian, Nog-Hazelett, R. Nguyen, and Rodney have not provided evidentiary declarations.

Plaintiffs Wong, Wilson, Castagnolo, Labonog, Poon and Mofidi submit each of their employment contracts as an attachment to a declaration they submitted in support of the default judgment package. (See Wong Decl., ¶ 3, Ex. A; Wilson Decl., ¶ 3, Ex. A; Mofidi Decl., ¶ 3, Ex. A; Castagnolo Decl., ¶ 3, Ex. A; Poon Decl., ¶ 3, Ex. A.) No employment contracts were provided for Plaintiffs Hadid, Merill, Minassian, Nog-Hazelett, R. Nguyen, M. Nguyen, Jones, Hawatmeh and Rodney.

A summary of the documents supplied by each Plaintiff is indicated in the table below:

Plaintiff’s Name

Originals

Evidentiary Declarations

Chuck Castagnolo

Submitted contract; missing Defendant’s signature

Castagnolo Decl., ¶ 14

Bachir Hadid

None

None

Dr. Anton Hawatmeh

None

Hawatmeh Decl., ¶ 17

Ian Jones

None

Jones Decl., ¶14

Kelsey Merill

None

Merill Decl., ¶ 14

Zara Minassian

None

None

Bijan Mofidi

Submitted contract; missing Defendant’s signature

Mofidi Decl., ¶ 15

Phuong Nog-Hazelett

None

None

Randy Nguen

None

None

Minh Nguyen

None

M. Nguyen Decl., ¶14

Dr. Peter Poon

Submitted contract; missing Plaintiff & Defendant’s signature

Poon Decl., ¶ 16

Sarah Rodney

None

None

Jere Wilson

Submitted contract; missing Defendant’s signature

Wilson Decl., ¶ 17

The request is DENIED as to Plaintiffs Bachir Hadid, Zara Minassian, Phuong Nog-Hazelett, Randy Nguen, and Sarah Rodney. These Plaintiffs have not provided sufficient evidentiary declarations supporting their requested relief.

Plaintiffs Chuck Castagnolo, D. Anton Hawatmeh, Ian Jones, Ben Lanonog, Kelsey Merill, Bijan Mofidi, Minh Nguyen, Dr. Peter Poon, Jere Wilson, and Jack Wong have provided sufficient evidence to support the entry of default judgment against the defendants. Therefore, these Plaintiffs request for entry of default judgment is GRANTED, so long as Plaintiffs request to dismiss the Doe Defendants at the hearing.

For these Plaintiffs, judgment will be entered as follows:

Plaintiff

Unpaid Wages

Penalty for Inaccurate Statements

Waiting Time Pay (30 days wages)

Penalty for No Medical Insurance

Total

Chuck Castagnolo

$19,950.00

$1,450.00

$4,200.00

$0.00

$25,600.00

Dr. Anton Hawatmeh

$23,790.00

$1,450.00

$6,930.00

$3,000.00

$35,170.00

Ian Jones

$12,895.72

$1,450.00

$6,930.00

$0.00

$21,275.72

Ben Lanonog

$6,558.45

$1,450.00

$4,392.30

$0.00

$12,430.75

Kelsey Merill

$3,144.00

$1,450.00

$3,144.00

$0.00

$7,738.00

Bijan Mofidi

$4,234.85

$1,450.00

$5,520.00

$0.00

$11,204.85

Minh Nguyen

$36,664.34

$1,450.00

$4,615.40

$0.00

$42,729.74

Dr. Peter Poon

$23,076.80

$1,450.00

$5,769.24

$0.00

$30,296.04

Jere Wilson

$3,465.00

$1,450.00

$3,465.00

$3,000.00

$11,380.00

Jack Wong

$15,652.70

$1,450.00

$4,800.00

$0.00

$21,902.70

The Request for Entry of Default Judgement if GRANTED, in part, in the amount of $219,727.80 as indicated below:

Default Judgment

Category

Amount Requested

Amount Granted

Demand of Complaint

$397,709.56

$219,727.80

General Damages

$0.00

Special Damages

$0.00

Interest

$0.00

$0.00

Costs

$0.00

$0.00

Attorney's fees

$0.00

$0.00

$397,709.56

$219,727.80

Case Number: BC697648    Hearing Date: December 02, 2019    Dept: 34

PLAINTIFF’S REQUEST FOR ENTRY OF DEFAULT JUDGMENT:

The request is DENIED. The case is DISMISSED without prejudice.

BACKGROUND:

On March 19, 2018, Plaintiffs Chuck Castagnolo, Bachir Hadid, Dr. Anton Hawatmeh, Ian Jones, Ben Labonog, Kelsey Merill, Zara Minassian, Bijan Mofidi, Phuong Nog-Hazelett, Randy Nguen, Minh Nguyen, Dr. Peter Poon, Sarah Rodney, Jere Wilson, and Jack Wong (“Plaintiffs”) commenced this action against Defendants Lifelong Education Institute, Francisco Leite, Eduardo Oliviera, and Tedd Corman.

On July 5, 2018, Plaintiffs filed their first amended complaint (“FAC”) for (1) failure to pay all wages; (2) failure to provide accurate itemized wage statements; (3) constructive discharge; (4) breach of contract; (5) unjust enrichment; (6) embezzlement/conversion; (7) violation of Business and Professions Code § 17200; (8) negligence; (9) breach of contract; and (10) PAGA (Labor Code §2699 et seq.).

Plaintiffs allege that Defendants misappropriated funds that resulted in bounced payroll checks to the employees due to insufficient funds, inconsistent payment of wages, and other Labor violations. (Summary of Case, p. 2:2-4.)

Plaintiffs request that the Court take judicial notice of the FAC and the request for entry of default entered against Defendants Tedd Corman, Francisco Leite, and Lifelong Education Institute. This request is DENIED as superfluous. (Cal. Rules of Court, rule 3.110(d).) Any party that wishes to draw the Court’s attention to a matter filed in this action may simply cite directly to the document by execution and filing date. (See California Rules of Court, Rule 3.1110(d).)

On August 16, 2019, the Court denied Plaintiff’s Request for Entry of Default Judgment without prejudice to Plaintiff’s submitting a new Default Judgment Package. (See 8/16/2019 Minute Order.) The Court set a new OSC re Entry of Default Judgment for Oct. 16, 2019.

ANALYSIS:

This is a Labor-Code violation case filed by 15 plaintiffs against 3 defaulted defendants. Plaintiffs are requesting the wages and other monies that are due to them.

Plaintiffs have not filed any new documents since the last hearing on August 16, 2019. At the October 15, 2019 OSC re Entry of Default Judgement, the Court’s tentative was to dismiss the case without prejudice, since Plaintiff’s had not supplemented their previous deficient pleadings. At that hearing, counsel requested that the Court give Plaintiffs 30 additional day to augment and re-submit their default package. The Court agreed, and continued the OSC re Entry of Default Judgement until December 2, 2019.

Unfortunately, Plaintiffs have not submitted any additional documents. The Default Judgment Package that was ruled deficient on August 16, 2019 and again on October 15, 2019 remains deficient today.

1. Plaintiffs have not provided the Court with any admissible evidence to show the amount that is due. Plaintiffs’ counsel states that certain amounts are owed to them as their wages, but Plaintiffs do not provide any evidence as to why these amounts are accurate. (See Lazo Decl., ¶¶30, 39.)

2. Only the employment contract of Chuck Castagnolo is provided as an attachment to the FAC. No other Plaintif’’s employment contract is attached.

3. Lastly, Plaintiff did not file a request for dismissal of DOES.

CONCLUSION:

Plaintiffs have not provided evidentiary declarations supporting their requested relief of $397,709.56; they have not complied with CRC 3.1806; nor have filed a request for dismissal of DOES.

The request for entry of default judgment is DENIED.

At the last two hearings on August 16, 2019 and October 15, 2019, the Court DENIED Plaintiffs’ request for entry of default judgment without prejudice and ordered Plaintiffs to submit a new default judgment package for today’s hearing. Plaintiffs have failed to submit any new pleadings.

The case is DISMISSED without prejudice.