Final OK set for nearly $1M class settlement against Original Mike’s

After six years, an Orange County judge set final settlement approval for Friday in a wage and hours class action against Santa Ana-based Original Mike's restaurant.

Original Mike's has agreed to create a nonreversionary settlement fund of $974,092, which was also preliminarily approved "after extensive arm's length negotiations," Judge William Claster wrote in his tentative approval.

Original Mike's will settle with class representative Rachael Segui, whose attorneys are Bradley C. Gage and Terry M. Goldberg of Woodland Hills firm Goldberg & Gage. Jeffrey D. Spencer, now of Sunnyvale, provided counsel. Segui V. Original Mike's Enterprises, 30-2016-00893360-CU-BT-CXC (Orange Cty. Super. Ct., filed Dec. 16, 2016).

"Everyone thinks it's fair, and we're in agreement," Gage said in a phone interview Thursday.

Segui was hired by Original Mike's as a bartender in the summer of 2013, where she suffered "a long period of physical, verbal and sexual harassment and being deprived of wages earned and owed to her," per the lawsuit. She was terminated after a few months.

Segui filed a lawsuit, alleging that throughout her tenure at the restaurant she and "all persons similarly situated" suffered wage theft, failure to pay meal period, rest and employee termination compensation.

The original complaint also featured several individual claims of battery and sexual battery, which have been settled for a confidential amount.

"This is a class action based on working hours and regulations," confirmed Gage. "The other instances were already settled."

Leonard W. Stitz of Santa Ana, along with Summer A. Young-Agriesti of Klatte, Budensiek & Young-Agriesti represent the defendant. Neither Stitz nor Young-Agriesti were available for comment.