Opinion
No. C 96-2341 MJJ
November 27, 2003
JUDGMENT
The Court conducted a bench trial on the claims at issue in this case in May and June 1999. Findings of Fact and Conclusions of Law were filed on April 2, 2002. On September 24, 2002, the Court granted Plaintiffs' Motion for Reconsideration in part and granted Plaintiff Jimmy Lee's Motion for Reconsideration. The Court now enters judgment in favor of Plaintiffs as follows:
1. Defendants G.E. Chen Construction, Inc. and Chun Yi Chen are jointly and severally liable to Plaintiffs Xi Rong Zhu, Xi Feng Zhu and Bo Lian Zhu for their violations of the Fair Labor Standards Act, 29 U.S.C. § 202, et seq. The FLSA Claims asserted by Plaintiffs Jimmy Lee and Jackie Chu are barred by the statute of limitations. Plaintiffs are hereby awarded damages as follows: Plaintiff Wages Owed Liquidated Damages Total
Xi Rong Zhu $1,395.36 $1,096.75 $2,492.11 Xi Feng Zhu $1,789.02 $1,189.42 $2,978.44 Bo Lian Zhu $1,706.44 $ 720.51 $2,426.95 TOTAL $4,890.82 $3,006.68 $7,897.50 Plaintiffs are awarded attorney fees and costs under the Fair Labor Standards Act, 29 U.S.C. § 216(b).2. Defendants G.E. Chen Construction, Inc. and Chun Yi Chen are jointly and severally liable to the Individual Plaintiffs, who are third party beneficiaries to the contracts between Defendants and the awarding bodies. Plaintiffs are awarded breach of contract damages as set forth herein. Prejudgment interest at the rate often percent (10%) per annum (Cal. Civil Code § 3289(b)) shall accrue from the date each payment was due through the date judgment is entered. Daily interest shall be calculated at the rates set forth on Attachment A. Plaintiff Wages Owed for Prejudgment Interest Total Wages and Breach of Contract as of October 31, 2003 Interest as of October Claim 31, 2003
Xi Rong Zhu $ 138.57 $ 108.13 $ 246.70 Xi Feng Zhu $ 798.27 $ 626.58 $ 1,424.85 Bo Lian Zhu $1,088.32 $ 856.74 $ 1,945.06 Jimmy Lee $11,436.95 $8,938.62 $20,375.57 Jackie Chu $4,375.89 $3,552.23 $ 7,928.12 TOTAL $17,838.00 $14,082.30 $31,920.30 3. Defendants G.E. Chen Construction, Inc. and Chun Yi Chen are jointly and severally liable to the Individual Plaintiffs for restitution under California Business and Professions Code § 17200 as set forth herein. Prejudgment interest at the rate of seven percent (7%) per annum (Cal. Constitution, Article XV, section 1) shall accrue from the date each payment was due through the date judgment is entered. Daily interest shall be calculated at the rates set forth on Attachment A. Plaintiff Restitution Owed Prejudgment Interest Total Restitution and as of October 31, 2003 Interest as of October 31, 2003 Xi Rong Zhu $1,725.50 $ 837.32 $ 2,562.82 Xi Feng Zhu $2,057.29 $ 1,418.22 $ 3,475.51 Bo Lian Zhu $2,663.20 $ 1,532.60 $ 4,195.80 Jimmy Lee $11,436.96 $ 6,255.01 $17,691.97 Jackie Chu $4,375.03 $ 2,485.16 $ 6,860.19 TOTAL $22,257.98 $12,528.31 $34,786.29 The total award plus prejudgment interest is as follows. Prejudgment interest at the rates set forth below will continue to accrue from October 31, 2003 until judgment is entered. Plantiff Total FLSA Total Total 17200 Total as of + Daily Grand Total Damages Contract Restitution October 31 Interest x # Damages 2003 of days from 10/31/03 , Xi Rong Zhu $ 2,492.11 $ 246.70 $ 2,562.82 $ 5,301.63 .329 x $ Xi Feng Zhu $ 2,978.44 $ 1,424.85 $ 3,475.51 $ 7,878.80 .714 x $ Bo Lian Zhu $ 2,426.95 $ 1,945.06 $ 4,195.80 $ 8,567.81 .83 1 x $ Jimmy Lee -0- $20,357.57 $17,691.97 $38,067.54 5.30 x $ Jackie Chu -0- $ 7,928.12 $ 6,860.19 $14,788.31 2.02 x $ TOTAL $ 7,897.50 $31,920.30 $34,786.29 $74,604.09 9.19x $