Deysi Ramirez De Flynn, on behalf of herself and on behalf of all others similarly situated v. Sunwest Fruit Co. Inc., and Does 1 to 50, inclusive
Published: Feb. 23, 2018 | Result Date: Dec. 12, 2017 | Filing Date: Sep. 2, 2014 |Case number: 14CECG02557 Settlement – $195,000
Judge
Court
Fresno County Superior Court
Attorneys
Plaintiff
Cory G. Lee
(Law Offices of Robert W. Sink)
Defendant
Ronald H. Barsamian
(Barsamian & Moody)
Facts
A class action complaint was filed against Sunwest Fruit Co. Inc. in connection with Sunwest's non-exempt, hourly employees.
Contentions
PLAINTIFFS' CONTENTIONS: The plaintiffs contended that the defendants violated the Private Attorney General Act, and the Unfair Business Practices Act. The plaintiffs contended Sunwest's non-exempt employees were denied meal and rest breaks they were entitled to. Plaintiffs also alleged they were not compensated for activities they had to do before and after their shifts. Such as having to put on/take off their required safety gear prior to, and after, their shifts.
DEFENDANTS' CONTENTIONS: Defendants denied the allegations and asserted over 20 affirmative defenses. Defendants denied committing any acts recoverable under PAGA. The defense also contended that claims were barred due to existing arbitration agreements, as well as by the doctrines of laches, estoppel, and unclean hands.
Damages
The plaintiffs sought compensation for unpaid wages, untaken meal and rest breaks, and unpaid overtime.
Result
The class action claims were ordered to arbitration. The court approved a settlement for the PAGA and individual claims in the amount of $195,000, as well as attorney fees in the amount of $68,250.
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