Janeth Zazueta v. Studio RFD Inc., Rohit Fernandez
Published: Aug. 1, 2009 | Result Date: Jun. 1, 2009 | Filing Date: Jan. 1, 1900 |Case number: BC395268 Bench Decision – $21,700
Court
L.A. Superior Central
Attorneys
Plaintiff
Alireza Alivandivafa
(Alireza Alivandivafa, Attorney and Counselor at Law)
Defendant
Facts
The plaintiff was employed by Studio RFD as an office assistant. She was paid hourly. When plaintiff worked overtime, she did not receive time and half nor double time as required per law. The plaintiff was terminated in January 2008, approximately three months after she had a social gathering where she associated with a former Studio RFD employee who had filed a workers' compensation claim and civil suit against Studio RFD.
Contentions
PLAINTIFF'S CONTENTIONS:
The plaintiff contended that she never received overtime pay and was then fired for associating with an employee who had been fired for filing a workers' compensation claim. The plaintiff further contended that defendants' practice of not paying overtime was an unfair business practice.
DEFENDANT'S CONTENTIONS:
The defendant admitted not paying proper overtime but denied a wrongful termination. The defendant contended that plaintiff was laid off due to the economy and that her services were no longer needed.
Settlement Discussions
The plaintiff demanded $80,000. The defendant offered $30,000, and then reduced the offer to $10,000 by trial.
Damages
At trial, plaintiff prayed for $250,000.
Result
The court awarded $21,700 to plaintiff for unpaid overtime, including penalties. The court found in favor of plaintiff on the labor penalties claim. The court found in favor of the defense on violation of rest days, conversion of labor, wrongful termination, and unfair business practices claims.
Other Information
FILING DATE: July 28, 2008.
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