Juan Chavajay v. Frank Upender Chopras; Chopras Restaurant Inc., dba Karma Indian Cuisine, also dba Moksha Restaurant Bar & Lounge, also dba Clay Oven Indian Cuisine, and also dba Venus Banquet Hall; and Does 1 through 20, inclusive
Published: Sep. 5, 2015 | Result Date: Mar. 10, 2015 | Filing Date: Jan. 1, 1900 |Case number: BC538944 Bench Decision – $24,640
Court
L.A. Superior Central
Attorneys
Plaintiff
Ramin R. Younessi
(The Law Offices of Ramin R. Younessi)
Defendant
Brandon R. Creel
(State Compensation Insurance Fund)
William C. Kersten
(Kersten & Associates)
Facts
Juan Chavajay sued Frank Chopras and Chopras Restaurant Inc. dba Karma Indian Cuisine dba Moksha Restaurant Bar & Lounge dba Clay Oven Indian Cuisine and dba Venus Banquet Hall, in connection with alleged unpaid wages.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff began working for defendants as a busboy in November 2011. Plaintiff, who was paid in cash, alleged he earned between $2.90 and $5.38 per hour and worked approximately 60 to 69 hours per week. Plaintiff contended that the payment he received was way below the minimum wage. He eventually left the position in December 2012. Plaintiff then sued Chopra, who owned the operating company for the restaurants he worked at for violating labor laws by failing to pay minimum wage, failing to pay overtime hours, failing to pay wages, failing to provide rest periods, failing to provide itemized wage statements, failing to pay split shit premium, and unfair competition. Plaintiff also alleged a Private Attorney General Act violation.
DEFENDANTS' CONTENTIONS:
Defendants disputed plaintiff's allegations, maintaining that plaintiff was properly paid for the time plaintiff worked.
Result
The court found in favor of Chavajay in a bench trial and awarded him $24,640 in total damages, which included $10,348 in unpaid minimum wages, $4,650 in unpaid overtime wages, 42,970 in waiting time penalties, $2,262 in prejudgment interest, $1,620 in rest periods that were not provided, $1,440 in split shift pay that was not provided, and $1,350 in itemized wage statements that were not provided.
Other Information
FILING DATE: March 11, 2014.
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