This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Employment Law
Labor Code Violation
Failure to Pay

Hahn, et al. v. Presidential Limousine Service, et al.

Published: Mar. 22, 1997 | Result Date: Feb. 22, 1997 | Filing Date: Jan. 1, 1900 |

Case number: 686491 –  $765,000

Judge

Judith D. McConnell

Court

San Diego Superior


Attorneys

Plaintiff

Paul A. Kouris

William T. Pascoe

Shawn M. Hays

Russell Schwartzman


Defendant

James S. Marinos


Experts

Plaintiff

Richard E. Evans
(technical)

Defendant

John Proko
(technical)

Facts

Between March 15, 1993 and Sept. 15, 1996, the plaintiffs, 352 part-time limousine drivers, claimed that defendant Presidential Limousine Service did not pay its drivers their full wages, made unlawful deductions from the drivers' paychecks, and required the drivers to buy equipment and supplies for the limousine. In addition to seeking unpaid straight and overtime wages, the suit alleged that Presidential deducted a 15 percent "handling fee" from its drivers' tips when Presidential's clients paid by credit card or account payable and as a condition of their employment. The plaintiffs also claimed that the defendant required the drivers to buy glasses, maps, pagers, and other items for the limousines out of their own pockets. (Per the defendants, the plaintiffs made refundable deposits for such items.) The plaintiffs alleged that Presidential also required its employees to engage in unpaid training as part of their employment. The plaintiff brought this action against the company and its officers/stockholders (Frank Mattrocci, Mark Kasmer and Robert Tatro) based on violation of labor law theories of recovery.

Settlement Discussions

The plaintiffs made a C.C.P. º998 settlement demand for $650,000, plus attorney's fees estimated at $750,000. The defendants made a C.C.P. º998 offer of compromise for $3,000.

Other Information

The verdict was reached approximately one year and 11 months after the case was filed.

Deliberation

22 hours

Poll

_________ (#s pls.)

Length

12 days


#101382

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390