Yoo v. Song CA2/7

Filed 2/17/15 Yoo v. Song CA2/7 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SEVEN

JAE SOON YOO, B256220

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BC473365) v.

TIMOTHY JINHO SONG, et al.,

Defendants and Appellants.

APPEAL from a judgment of the Superior Court of Los Angeles County, Michael L. Stern, Judge. Affirmed. Law Offices of Barry G. Florence and Barry G. Florence; Law Offices of Lee Law and Thomas M. Lee for Plaintiff and Respondent. Marh & Associates, David Marh and Simon H. Langer for Defendants and Appellants.

__________________________

Appellants Timothy Jinho Song, Carol’s Fashion, Inc. and Carol’s Apparel, Inc. appeal from a judgment entered against them in the trial court, and a subsequent award of attorney’s fees. The appeal as to the judgment was untimely, and appellants demonstrated no abuse of discretion with respect to the award of attorney’s fees. The judgment and award of attorney’s fees are affirmed.

FACTURAL AND PROCEDURAL BACKGROUND Plaintiff and respondent Jae Soon Yoo sued defendants and appellants Timothy Jinho Song, Carol’s Fashion, Inc. and Carol’s Apparel, Inc. (“Song”) in November 2011, asserting claims for unpaid overtime, statutory penalties under Labor Code section 203, and Labor Code section 226, pay for meal and rest periods under Labor Code section 226.7, and unfair business practices. Yoo alleged she had been employed by defendants and required to work overtime, for which she was paid only her regular hourly salary; she also alleged that Song failed to provide her with paystubs, as required by law. Song filed general denials to the complaint. The case was tried to the court on September 16, 2013. The court ordered closing arguments, in the form of written memoranda, to be filed on September 23, 2013.1 The court entered its judgment on December 11, 2013, awarding Yoo statutory penalties of $4,000.00 pursuant to Labor Code section 226(a) along with interests, costs, and attorney’s fees. The clerk served the notice of entry of judgment on all parties on the same date. On February 4, 2014, Yoo served and filed a motion for attorney’s fees. Song opposed the motion. The court heard and granted the motion on March 6, 2014. The court awarded Yoo $41,500 in fees and directed the preparation of an amended judgment. The amended judgment was entered on March 14, 2014, and served by the clerk on all parties. Song appealed both the judgment and the order of attorney’s fees on May 7, 2014.