This case was last updated from Los Angeles County Superior Courts on 06/14/2019 at 08:34:01 (UTC).

VASILIOS PAVLAKIS VS FORMOSA CAFE INC ET AL

Case Summary

On 12/19/2017 VASILIOS PAVLAKIS filed a Labor - Other Labor lawsuit against FORMOSA CAFE 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.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****7500

  • Filing Date:

    12/19/2017

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Labor - Other Labor

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

 

Party Details

Plaintiff and Petitioner

PAVLAKIS VASILIOS

Defendants and Respondents

FORMOSA CAFE' INC

JUN VINCENT L.

DOES 1 TO 100

JUNG VINCENT L.

Attorney/Law Firm Details

Plaintiff and Petitioner Attorney

SHEPARD ZACHARY J. ESQ.

Defendant Attorney

BURNS ELKANAH J. ESQ.

 

Court Documents

PLAINTIFF VASILIOS PAVLAKIS' FIRST AMENDED COMPLAINT FOR DAMAGES BASED ON: 1. FAILURE TO PAY EARNED WAGES 2. FAILURE TO PAY THE MINIMUM WAGE (CAL. LAB. C. SEC. 1194, APPLICABLE IWC WAGE ORDERS); ETC.

1/24/2018: PLAINTIFF VASILIOS PAVLAKIS' FIRST AMENDED COMPLAINT FOR DAMAGES BASED ON: 1. FAILURE TO PAY EARNED WAGES 2. FAILURE TO PAY THE MINIMUM WAGE (CAL. LAB. C. SEC. 1194, APPLICABLE IWC WAGE ORDERS); ETC.

SUMMONS ON FIRST AMENDED COMPLAINT

1/24/2018: SUMMONS ON FIRST AMENDED COMPLAINT

CIVIL DEPOSIT

2/27/2018: CIVIL DEPOSIT

Minute Order

3/2/2018: Minute Order

PROOF OF SERVICE SUMMONS

3/15/2018: PROOF OF SERVICE SUMMONS

CASE MANAGEMENT STATEMENT

4/13/2018: CASE MANAGEMENT STATEMENT

Unknown

4/17/2018: Unknown

VINCENT JUNG'S ANSWER TO COMPLAINT

4/18/2018: VINCENT JUNG'S ANSWER TO COMPLAINT

Minute Order

5/2/2018: Minute Order

Minute Order

8/2/2018: Minute Order

CASE MANAGEMENT ORDER

8/2/2018: CASE MANAGEMENT ORDER

Unknown

1/2/2018: Unknown

NOTICE OF CASE MANAGEMENT CONFERENCE

1/2/2018: NOTICE OF CASE MANAGEMENT CONFERENCE

SUMMONS

12/19/2017: SUMMONS

PLAINTIFF VASILIOS PAVLAKIS' COMPLAINT FOR DAMAGES BASED ON: 1. FAILURE TO PAY EARNED WAGES ;ETC

12/19/2017: PLAINTIFF VASILIOS PAVLAKIS' COMPLAINT FOR DAMAGES BASED ON: 1. FAILURE TO PAY EARNED WAGES ;ETC

3 More Documents Available

 

Docket Entries

  • 08/02/2018
  • at 09:00 AM in Department 61; Order to Show Cause Re: Failure to File Proof of Service (OSC-Failure to File Proof of Serv; Trial Date Set) -

    Read MoreRead Less
  • 08/02/2018
  • Minute Order

    Read MoreRead Less
  • 08/02/2018
  • Case Management Order; Filed by Court

    Read MoreRead Less
  • 08/02/2018
  • CASE MANAGEMENT ORDER

    Read MoreRead Less
  • 05/02/2018
  • at 09:00 AM in Department 61; Order to Show Cause Re: Failure to File Proof of Service - Held - Continued

    Read MoreRead Less
  • 05/02/2018
  • Minute Order

    Read MoreRead Less
  • 04/18/2018
  • VINCENT JUNG'S ANSWER TO COMPLAINT

    Read MoreRead Less
  • 04/18/2018
  • Answer; Filed by Vincent L. Jung (Defendant)

    Read MoreRead Less
  • 04/17/2018
  • CASE MANAGEMENT STATEMENT

    Read MoreRead Less
  • 04/17/2018
  • Case Management Statement; Filed by Vincent L. Jung (Defendant)

    Read MoreRead Less
10 More Docket Entries
  • 01/24/2018
  • Summons; Filed by Plaintiff/Petitioner

    Read MoreRead Less
  • 01/24/2018
  • SUMMONS ON FIRST AMENDED COMPLAINT

    Read MoreRead Less
  • 01/24/2018
  • PLAINTIFF VASILIOS PAVLAKIS' FIRST AMENDED COMPLAINT FOR DAMAGES BASED ON: 1. FAILURE TO PAY EARNED WAGES 2. FAILURE TO PAY THE MINIMUM WAGE (CAL. LAB. C. SEC. 1194, APPLICABLE IWC WAGE ORDERS); ETC.

    Read MoreRead Less
  • 01/02/2018
  • OSC-Failure to File Proof of Serv; Filed by Clerk

    Read MoreRead Less
  • 01/02/2018
  • Notice of Case Management Conference; Filed by Clerk

    Read MoreRead Less
  • 01/02/2018
  • NOTICE OF CASE MANAGEMENT CONFERENCE

    Read MoreRead Less
  • 01/02/2018
  • ORDER TO SHOW CAUSE HEARING

    Read MoreRead Less
  • 12/19/2017
  • SUMMONS

    Read MoreRead Less
  • 12/19/2017
  • PLAINTIFF VASILIOS PAVLAKIS' COMPLAINT FOR DAMAGES BASED ON: 1. FAILURE TO PAY EARNED WAGES ;ETC

    Read MoreRead Less
  • 12/19/2017
  • Complaint; Filed by Vasilios Pavlakis (Plaintiff)

    Read MoreRead Less

Tentative Rulings

Case Number: BC687500    Hearing Date: August 17, 2020    Dept: 61

  1. MOTION TO ENFORCE SETTLEMENT

Code Civ. Proc. section 664.6 states that:

If parties to pending litigation stipulate, in a writing signed by the parties outside the presence of the court or orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement. If requested by the parties, the court may retain jurisdiction over the parties to enforce the settlement until performance in full of the terms of the settlement.

“Section 664.6 permits the trial court judge to enter judgment on a settlement agreement without the need for a new lawsuit. [Citation.] It is for the trial court to determine in the first instance whether the parties have entered into an enforceable settlement. [Citation.] In making that determination, ‘the trial court acts as the trier of fact, determining whether the parties entered into a valid and binding settlement. [Citation.] Trial judges may consider oral testimony or may determine the motion upon declarations alone. [Citation.] When the same judge hears the settlement and the motion to enter judgment on the settlement, he or she may consult his [or her] memory. [Citation.]’ [Citation.]” (Osumi v. Sutton (2007) 151 Cal.App.4th 1355, 1359–1360.)

Pavlakis points to the settlement agreement executed on November 1, 2019, in which Defendants agreed to pay $82,500 to Pavalakis in exchange for a release of claims. (Shepard Decl. Exh. A.) The agreement, executed by Jung individually and as representative for Formosa Café, states that if Defendants default on the agreement, Pavlakis may “take judgment against Defendants by way of stipulated judgment in the amount of $125,000, plus any accumulated interest accrued from the date of execution of this Agreement.” (Shepard Decl. Exh. A.) Because Defendants failed to make the payment by the agreed date of March 30, 2020, Pavlakis brings the present motion seeking entry of stipulated judgment in the amount of $125,000 plus pre-judgment interest at 7% from November 15, 2019, as well as attorney fees to be adduced at hearing based on the attorney’s rate of $525 per hour. (Motion at p. 5.)

The court concludes that Pavlakis has satisfied his burden to show the existence of an enforceable settlement agreement between himself and defendants, and breach of same. No opposition to the motion has been filed. The motion is therefore GRANTED.

related-case-search

Dig Deeper

Get Deeper Insights on Court Cases


Latest cases where Formosa Cafe 34 Inc is a litigant

Latest cases represented by Lawyer BURNS ELKANAH JOHNSOM