Adriana Fajardo Urrutia v. 8250 Sunset Blvd. Inc. dba The Body Shop, Salah Al-Mudarris, Mike Mudaris, Doe Managers 1-3, and Does 4-10, inclusive
Published: Jan. 27, 2023 | Result Date: Nov. 3, 2022 | Filing Date: Oct. 4, 2021 |Case number: 2:21-cv-07935-GW-JC Settlement – $20,000
Judge
Court
CD CA
Attorneys
Plaintiff
John P. Kristensen
(Carpenter & Zuckerman)
Jesenia A. Martinez
(Wilshire Law Firm PLC)
Alina S. Vulic
(Carpenter & Zuckerman)
Defendant
Matthew B. Perez
(Lyon Legal PC)
Devon M. Lyon
(Lyon Legal PC)
Anand C. Mathew
(Lyon Legal PC)
Facts
Adriana Fajardo Urrutia was employed as a dancer for the past three years by 8250 Sunset Blvd Inc. dba The Body Shop, Salah al-Mudarris, and Mike Mudaris at their principal places of business, an adult-oriented entertainment facility located at 8250 Sunset Boulevard, West Hollywood. al-Mudarris and Mudaris are the owners, controlling shareholders, and day to day management of the Body Shop. On October 4, 2021, Urrutia brought a complaint against 8250 Sunset Blvd Inc. dba The Body Shop, al-Mudarris, and Mudaris alleging various Labor Code violations.
Contentions
PLAINTIFF'S CONTENTIONS: Plaintiff alleged that defendants exercised significant control of plaintiff as a non-exempt employee through written and unwritten policies and procedures and that defendants' business was engaged in commerce and in the production of goods for commerce. Plaintiff argued that defendants knowingly, intentionally, and willingly categorized all dancers/entertainers employed by defendants as "independent contractors" and failed to pay legal wages to such dancers in a timely manner. Additionally, plaintiff contended that defendants intentionally and willfully required plaintiff to share her tips with defendants and other non-service employees who do not customarily receive tips, including the managers, disc jockeys, and the bouncers illegally and without her consent. Plaintiff also maintained that defendants failed to pay a tipped employee the minimum of $2.13 per hour for all hours worked and failed to notify plaintiff about the tip credit allowance before the credit was utilized. Plaintiff contended defendants failed to furnish accurate wage statements to its employee and indemnify necessary business expenses incurred in direct consequences of the discharge of plaintiff's job duties. Finally, plaintiff alleged that she was entitled to recover minimum and overtime wage compensation, misappropriated tips, and an equal amount in liquidated damages, as well as reasonable attorneys' fees and costs of the action, including interest.
DEFENDANTS' CONTENTIONS: Defendants denied all contentions.
Result
The case settled. Judgment was entered against defendants for $20,000.01, exclusive of reasonable attorneys' fees and costs.
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