This case was last updated from Los Angeles County Superior Courts on 04/23/2020 at 06:57:57 (UTC).

EDWARD BRADFORD VS DUAL DIAGNOSIS TREATMENT CENTER INC ET AL

Case Summary

On 04/20/2018 EDWARD BRADFORD filed a Labor - Other Labor lawsuit against DUAL DIAGNOSIS TREATMENT CENTER INC. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is DAVID S. CUNNINGHAM III. The case status is Disposed - Judgment Entered.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****3124

  • Filing Date:

    04/20/2018

  • 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

DAVID S. CUNNINGHAM III

 

Party Details

Plaintiff and Petitioner

BRADFORD EDWARD

Defendants, Respondents and Not Classified By Court

DUAL DIAGNOSIS TREATMENT CENTER INC

DOES 1 TO 100

SOVEREIGN HEALTH OF CALIFORNIA

GASWAMI SUBHASH

SHARMA TONMOY

BARKATAKI RISHI

Attorney/Law Firm Details

Plaintiff and Petitioner Attorneys

ABRAMSON W. ZEV

ABRAMSON WILLIAM ZEV

ABRAMSON W. ZEV ESQ.

 

Court Documents

Request for Entry of Default / Judgment - DEFAULT JUDGMENT

11/14/2019: Request for Entry of Default / Judgment - DEFAULT JUDGMENT

Proof of Service by Mail

12/3/2019: Proof of Service by Mail

Certificate of Mailing for - CERTIFICATE OF MAILING FOR (ORDER TO SHOW CAUSE RE: ENTRY OF DEFAULT JUDGMENT) OF 12/09/2019

12/9/2019: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (ORDER TO SHOW CAUSE RE: ENTRY OF DEFAULT JUDGMENT) OF 12/09/2019

Notice of Entry of Judgment / Dismissal / Other Order

12/9/2019: Notice of Entry of Judgment / Dismissal / Other Order

Judgment - JUDGMENT JUDGMENT BY COURT

12/9/2019: Judgment - JUDGMENT JUDGMENT BY COURT

Minute Order - MINUTE ORDER (ORDER TO SHOW CAUSE RE: ENTRY OF DEFAULT JUDGMENT)

12/9/2019: Minute Order - MINUTE ORDER (ORDER TO SHOW CAUSE RE: ENTRY OF DEFAULT JUDGMENT)

Judgment - JUDGMENT NOTICE OF JUDGMENT

12/11/2019: Judgment - JUDGMENT NOTICE OF JUDGMENT

Certificate of Mailing for - CERTIFICATE OF MAILING FOR (ORDER TO SHOW CAUSE RE: ENTRY OF DEFAULT/DEFAULT JUDGMENT) OF 09/10/2019

9/10/2019: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (ORDER TO SHOW CAUSE RE: ENTRY OF DEFAULT/DEFAULT JUDGMENT) OF 09/10/2019

Minute Order - MINUTE ORDER (ORDER TO SHOW CAUSE RE: ENTRY OF DEFAULT/DEFAULT JUDGMENT)

7/23/2019: Minute Order - MINUTE ORDER (ORDER TO SHOW CAUSE RE: ENTRY OF DEFAULT/DEFAULT JUDGMENT)

Minute Order - MINUTE ORDER (CASE MANAGEMENT CONFERENCE)

5/13/2019: Minute Order - MINUTE ORDER (CASE MANAGEMENT CONFERENCE)

Request for Dismissal

4/3/2019: Request for Dismissal

Minute Order - Minute Order (Case Management Conference; Legacy Event Type : OSC-Failure t...)

2/15/2019: Minute Order - Minute Order (Case Management Conference; Legacy Event Type : OSC-Failure t...)

Minute Order - Minute Order (Legacy Event Type : OSC-Failure to File Request Ent of Def; C...)

12/17/2018: Minute Order - Minute Order (Legacy Event Type : OSC-Failure to File Request Ent of Def; C...)

Notice of Case Reassignment and Order for Plaintiff to Give Notice

1/22/2019: Notice of Case Reassignment and Order for Plaintiff to Give Notice

Minute Order - (Legacy Event Type : OSC-Failure to File Request Ent of Def; C...)

10/17/2018: Minute Order - (Legacy Event Type : OSC-Failure to File Request Ent of Def; C...)

CASE MANAGEMEWT ORDER

8/29/2018: CASE MANAGEMEWT ORDER

ORDER TO SHOW CAUSE HEARING -

7/16/2018: ORDER TO SHOW CAUSE HEARING -

28 More Documents Available

 

Docket Entries

  • 12/11/2019
  • DocketJudgment (Notice of Judgment); Filed by Edward Bradford (Plaintiff)

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  • 12/09/2019
  • Docketat 08:30 AM in Department 37; Order to Show Cause Re: (Entry of Default Judgment) - Held

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  • 12/09/2019
  • DocketJudgment; Filed by Clerk

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  • 12/09/2019
  • DocketCertificate of Mailing for ((Order to Show Cause Re: Entry of Default Judgment) of 12/09/2019); Filed by Clerk

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  • 12/09/2019
  • DocketNotice of Entry of Judgment / Dismissal / Other Order; Filed by Clerk

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  • 12/09/2019
  • DocketMinute Order ( (Order to Show Cause Re: Entry of Default Judgment)); Filed by Clerk

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  • 12/09/2019
  • DocketJudgment (Judgment by Court); Filed by Edward Bradford (Plaintiff)

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  • 12/03/2019
  • DocketProof of Service by Mail; Filed by Edward Bradford (Plaintiff)

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  • 11/14/2019
  • DocketMemorandum of Points & Authorities; Filed by Edward Bradford (Plaintiff)

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  • 11/14/2019
  • DocketRequest for Entry of Default / Judgment; Filed by Edward Bradford (Plaintiff)

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39 More Docket Entries
  • 07/16/2018
  • DocketOSC-RE Other (Miscellaneous); Filed by Clerk

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  • 07/16/2018
  • DocketNotice of Case Management Conference; Filed by Clerk

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  • 07/16/2018
  • DocketORDER TO SHOW CAUSE HEARING

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  • 07/10/2018
  • DocketFIRST AMENDED COMPLAINT FOR DAMAGES AND DEMAND FOR JURY TRIAL: 1. FAILURE TO PROVIDE MEAL AND REST PERIODS (CAL. LAB. CODE SECTION 226.7), ETC

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  • 07/10/2018
  • DocketFirst Amended Complaint; Filed by Plaintiff/Petitioner

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  • 05/18/2018
  • DocketPROOF OF SERVICE SUMMONS

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  • 05/18/2018
  • DocketProof-Service/Summons

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  • 04/20/2018
  • DocketCOMPLAINT FOR DAMAGES AND DEMAND FOR JURY TRIAL: 1. FAILURE TO PROVIDE MEAL AND REST PERIODS (CAL. LAB. CODE 226.7) ETC

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  • 04/20/2018
  • DocketComplaint; Filed by Edward Bradford (Plaintiff)

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  • 04/20/2018
  • DocketSUMMONS

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Tentative Rulings

Case Number: BC703124    Hearing Date: December 09, 2019    Dept: 37

HEARING DATE: December 9, 2019

CASE NUMBER: BC703124

CASE NAME: Edward Bradford v. Dual Diagnosis Treatment Center, Inc.

DEFAULT ENTERED: May 3, 2019

PLAINTIFFS APPLICATION FOR DEFAULT JUDGMENT

TENTATIVE: The Application for Default Judgment is GRANTED. Default judgment will be entered against Defendant, Dual Diagnosis Treatment Center, Inc. in the amount of $12,338.05.

BACKGROUND

Summary of Complaint:

On April 20, 2018 Edward Bradford (Plaintiff) commenced this action against his former employer Dual Diagnosis Treatment Center, Inc. (Defendant). The complaint alleges that while Plaintiff was employed by Defendant from in or around January 15 through in or around July 2015, Defendant violated numerous provisions of the California Labor Code. The complaint alleges six causes of action: (1) failure to provide meal and rest periods; (2) failure to pay overtime wages; (3) failure to pay minimum wages; (4) failure to pay wages due upon termination; (5) failure to issue accurate itemized wage statements; and (6) unlawful business practices in violation of Business & Professions Code §§ 17200, et seq.

On May 3, 2019, default was entered against Defendant Dual Diagnosis Treatment Center, Inc.

Service of Summons:

Proof of Service of Summons filed on May 18, 2018 indicates that Defendant Dual Diagnosis Treatment Center, Inc. was served with the summons and complaint on May 1, 2018 by personal service on Mai Yang, Defendants agent for service of process, at 2710 Gateway Oaks Drive, Suite 150N, Sacramento, CA 95833.

In addition, Proof of Service filed on January 29, 2019, indicates that Defendant Dual Diagnosis was served with First Amended Complaint on January 28, 2019 by personal service on Shellie Smith, Defendants agent for service of process, at 2710 Gate Way Oaks Drive, Suite 150, Sacramento, California 95833.

Entry of Default:

Default was entered against Defendant Dual Diagnosis Treatment Center, Inc. on May 3, 2019. The Declaration of Mailing included in the Request for Entry of Default indicates that a copy of the of the Request was mailed to the same address as service of the summons and complaint. This is sufficient to meet the statutory requirements of Code of Civil Procedure § 587.

SUBMITTED DOCUMENTS: (Cal. Rules of Court, rule 3.1800):

  1. Dismissal or judgment of non-parties to the judgment YES

  2. Use of JC Form CIV-100 YES

  3. Memorandum of costs YES

  4. Declaration of nonmilitary status for each defendant YES

  5. Summary of the case YES

  6. 585(d) declarations/admissible evidence in support YES

  7. Interest computation (as necessary) YES

  8. Request for attorney fees (Local Rule 3.214) YES

  9. Proposed judgment YES

  10. Exhibits (as necessary) NO

DEFAULT JUDGMENT REQUESTED:

Damages: $ 10,035.00

Interest: $ 1,003.50

Attorney fees: $ 691.05

Costs: $ 608.00

Total: $ 12,338.05

DISCUSSION

Pursuant to Code of Civil Procedure section 585, Plaintiff requests a court judgement against his former employer Defendant Dual Diagnosis Treatment Center, Inc. in the total amount of $12,338.05. On September 10, 2019, the court reviewed Plaintiffs prior default judgment package and found several deficiencies with same. Plaintiff re-filed his default judgment package on November 14, 2019. As discussed below, the court finds this request for default judgment sufficient and default judgment will be entered.

  1. Principal Damages

    Plaintiffs default judgment package includes an Application for Court Judgment and a Points and Authorities that both indicate Plaintiff seeks principal damages in the amount of $10,035.00 against Defendant Dual Diagnosis Treatment Center, Inc. for unpaid wages and civil penalty fees. According to the Points and Authorities, the $10,035.00 accounts for the following:

  1. $1,620.00 for failure to provide rest periods;

  2. $1,620.00 for failure to provide meal periods;

  3. $1,215.00 for unpaid overtime wages;

  4. $2,880.00 for Civil Penalties pursuant to Section 203 of the California Labor Code

  5. $1,350.00 for Civil Penalties pursuant to Section 558 of the California Labor Code; and

  6. $1,350.00 for Civil Penalties pursuant to Section 226 of the California Labor Code.

    The Bradford Declaration establishes that Plaintiff was employed by Defendant as a House Manager from in or around January 1, 2015 through in or around July 11, 2015 (Bradford Decl. 1), that he worked approximately 48 hours a week, (Id. 5), and that he was never provided with meal or rest breaks in accordance with California state law. (Id. 6.) The Bradford declaration now also states that Plaintiffs hourly rate while employed was $12.00 per hour. (Id. 2.) Further, Bradford attests that he received about 14 wage statements during his employment. (Id. 3.)

    According to Plaintiffs points and authorities, the items Plaintiff requests as principal damages are calculated as follows:

    1. Missed Meal Periods: 27 weeks x 5 days per week x $12 per hour = $1,620.00

    2. Missed Rest Periods: 27 weeks x 5 days per week x $12 per hour= $1,620.00

    3. Unpaid Overtime Wages: 27 weeks x 2.5 hours per week overtime x $18 per hour (one and one-half times hourly rate) - $1,215.00

    4. 203 Penalty: $96 daily wage x 30 days - $2,880.00

    5. 558 and 226 Penalties: $50 (first violation) + $1300 (13 additional pay periods) = $1,350 each.

      Given the foregoing, Plaintiff has demonstrated his entitlement to principal damages in the total amount of $10,035.00.

      B. Attorney Fees

      Plaintiff submits the Declaration of Attorney Christina Begakis in support of his request for attorneys fees. Begakis attests she is an associate with Abramson Labor Group, which has expended a total of 43.5 hours litigating this case and that her own billing rate is $350.00 per hour. (Begakis Decl. 10.) Begakis further attests that the 43.5 hours accounts for the time spent on client meetings, updating meetings, drafting a demand for employment file, and preservation letter, attempting to contact defendants via telephone, letter, and mail, drafting the complaint, drafting the complaint, drafting discovery on all Defendants, as well as the Request for Entry of Default and Default Judgment. (Id.) Begakis also attests that total attorney’s fees in this action are $15,225.00. (Id.) Plaintiff requests attorney’s fees in the amount of $691.05 pursuant to Local Rule 3.214.

      Given the foregoing, the court finds that Plaintiff has demonstrated entitlement to attorney’s fees in the amount of $691.05 and that $691.05 represents a reasonable amount.

      C. Costs and Interest

      Plaintiff requests interest on the principal damages of $10,035 at a rate of 10 percent per annum, for a total of $1,003.50. Plaintiff submits the declaration of Christina Begakis in support of his request for interest. Begakis attests that the interest is calculated at 10% annually from July 10, 2018 on damages stemming from Plaintiff’s unpaid wages. (see Declaration regarding Interest, MC-030.)

      Based on the foregoing, Plaintiff is entitled to interest in the amount of $1,003.50.

Plaintiff also requests costs in the amount of $608.50. Begakis attests that the costs represents $490 for filing fees and $118.50 for process server fees. (Begakis Decl., ¶ 11.) Filing fees and process server’s fees are recoverable. (Code Civ. Proc., § 1033.5, subd. (a)(1), (4).) Accordingly, Plaintiff has demonstrated his entitlement to costs in the amount of $680.50.

Conclusion

Plaintiffs Request for Entry of Default Judgment is GRANTED. Default judgment will be entered in the amount of $12,338.05 against Defendant Dual Diagnosis Treatment Center, Inc.