NICK FELTON ET AL VS DLMLA INC

Case Number: BC627170 Hearing Date: February 22, 2018 Dept: 46

Case Number: BC627170
NICK FELTON ET AL VS DLMLA INC ET AL

Filing Date: 07/14/2016
Case Type: Other Employment Complaint

02/22/2018
OSC-Failure to File Default Judgment

TENTATIVE RULING

Plaintiff has submitted a default package that complies with CRC 3.1800; therefore the OSC is discharged.

The court considers the Complaint in this matter together with the Plaintiff’s Default Brief, the Declarations of Nick Felton, Ariel King, Zach Chilson and Timothy Hall.

Based upon the memorandum of points and authorities submitted as part of the Palintiffs’ Default Prove-Up Brief, the court finds that each Plaintiff has established that Defendant DLMLA was their employer, and that DLMLA is liable to each (Nick Felton, Ariel King, and Zach Chilson) for damages in the sum of $49,000 for unpaid wages in the sum of $2,000 each and for penalties pursuant to L.C. §203 in the sum of $60,000 each after credit for $13,000 previously paid to each Plaintiff.

Further the Declaration of Timothy Hall supports the request for attorney’s fees in the sum of $8,740 and the Memorandum of Costs in the total sum of $480.

The court has received and approves the proposed judgment herein and has signed the judgment. The court directs the clerk to enter the judgment.

The court notes that co-defendant E-Alternative Solutions, LLC was dismissed from the Complaint on 10/27/2017 and that the Answer by DLMLA to E-Alternative Solutions, LLC’s Cross-Complaint was stricken. E-Alternative Solutions, LLC is ordered to either dismiss the Cross-Complaint or file a Request for Entry of Default as to the Cross-Complaint and pursue a default judgment by 3/15/2018. OSC Re Filing Request for Entry of Default on the Cross-Complaint is set for hearing on 3/22/2018 at 8:30 a.m. in Dept. 46.

IT IS SO ORDERED:

Frederick C. Shaller, Judge

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