Peppin v. KQC LLC
3:24-cv-08175
D. Ariz.May 20, 2025Background
- Plaintiff Maleshia Peppin sued KQC LLC (doing business as Bliss Nail Spa) and Quan Hoang Dang, alleging violations of the Fair Labor Standards Act (FLSA), Arizona Wage Act (AWA), and Arizona Fair Wages and Healthy Families Act (AFWHFA).
- Plaintiff claimed she was denied overtime pay and was retaliated against by being terminated after requesting sick leave.
- Defendants were served but never responded to the complaint or subsequent legal filings.
- Plaintiff moved for default judgment when defendants failed to appear or answer, and default was entered by the Clerk.
- Plaintiff sought $18,510 in liquidated damages for unpaid overtime and $41,100 in damages under state law for retaliation, supported by her declaration and estimated hours worked.
- The court reviewed jurisdiction, service, merits, and damages before granting the motion for default judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Subject Matter & Personal Jurisdiction | Federal and state claims properly before court; defendants served | No response | Court has proper jurisdiction and service was sufficient |
| Sufficiency of the Complaint & Merits | Alleged facts meet all statutory elements for FLSA, AWA, AFWHFA claims | No response | Well-pleaded allegations taken as true support plaintiff's case |
| Damages Amount | $18,510 for overtime, $41,100 for retaliation, based on evidence | No response | Damages request reasonable and proven by plaintiff's affidavit |
| Default Judgment Appropriateness | All Eitel factors favor default due to non-response | No response | Default judgment granted; defendants jointly/severally liable |
Key Cases Cited
- In re Tuli, 172 F.3d 707 (9th Cir. 1999) (court must ensure jurisdiction before entering default judgment)
- Benny v. Pipes, 799 F.2d 489 (9th Cir. 1986) (personal jurisdiction requires proper service)
- Aldabe v. Aldabe, 616 F.2d 1089 (9th Cir. 1980) (default judgment is discretionary)
- Geddes v. United Fin. Grp., 559 F.2d 557 (9th Cir. 1977) (factual allegations except damages are deemed admitted on default)
- Danning v. Lavine, 572 F.2d 1386 (9th Cir. 1978) (complaint must state a claim to support default judgment)
- Emp. Painters’ Tr. v. Ethan Enters., Inc., 480 F.3d 993 (9th Cir. 2007) (defaults appropriate for wholly unresponsive parties)