Martin Gonzalez v. Eduardo Alvarez, Irma Gonzalez Taboada, Genero Tapia Melendez, individually and doing business as Cactus Fresh, and Does 1 through 100
Published: Jan. 3, 2009 | Result Date: Jul. 17, 2008 | Filing Date: Jan. 1, 1900 |Case number: BC371401 Bench Decision – $89,905
Court
L.A. Superior Central
Attorneys
Plaintiff
Steven G. Pearl
(Steve Pearl Mediation )
Leonard H. Sansanowicz
(Sansanowicz Law Group PC)
Defendant
Facts
Defendants Eduardo Alvarez, Irma Gonzalez, and Genero Tapia Melendez employed plaintiff Martin Gonzalez at their restaurant in Encino as a busboy and counterperson.
Gonzalez voluntarily dismissed Melendez from the action but filed suit against the other defendants alleging violations of the California Labor Code.
Contentions
PLAINTIFF'S CONTENTIONS:
Gonzalez contended that he was not given his proper rest breaks and was not paid his proper overtime wages in violation of the California Labor Code.
DEFENDANTS' CONTENTIONS:
The defendants did not appear at trial because, according to defense counsel, the lawsuit forced defendants into bankruptcy. Further, the alleged violations were unintentional by the new owner.
Damages
Gonzalez sought damages for the unpaid wages and penalties for Labor Code violations.
Result
The court found for Gonzalez in the amount of $89,905, which included $3,838 for unpaid overtime wages, $1,187 for prejudgment interest on the unpaid overtime wages, $8,484 for unpaid rest break compensation, $2,480 for interest on the unpaid rest break compensation, plus $67,396 for attorney fees and costs.
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