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Employment Law
Sexual Harassment
Wrongful Termination

Jimy Juarez, an an individual and on behalf of all others similarly situated v. Creative Manufacturing Solutions Inc., Liliana Villalobos, and Does 1 through 50, inclusive

Published: Jan. 22, 2021 | Result Date: Nov. 19, 2020 | Filing Date: Feb. 6, 2019 |

Case number: 19CV342204 Settlement –  $375,000

Judge

Sunil R. Kulkarni

Court

Santa Clara County Superior Court


Attorneys

Plaintiff

William L. Marder
(Polaris Law Group LLP)

Dennis S. Hyun
(Hyun Legal APC)


Defendant

Roger M. Mansukhani
(Gordon & Rees LLP)


Facts

Plaintiff Jimy Juarez filed a putative class action lawsuit against defendant Creative Manufacturing Solutions Inc, a company that provided construction products and services, amongst others, under the Private Attorneys General Act of 2004.

Contentions

PLAINTIFF'S CONTENTIONS: Plaintiff contended he began working for Defendant in 2016 as a non-exempt employee, when Defendant first scheduled Plaintiff with a typical shift so that Plaintiff would not receive his first meal period within the first five hours of labor. Plaintiff further contended Defendant failed to give him and other employees their second rest and meal period, even after Plaintiff worked over 10 hours in one work period. Plaintiff contended Defendant also failed to pay the legally required overtime wages, and wrongfully terminated Plaintiff after Plaintiff complained to the Labor and Workforce Development Agency. Thus, overall, Plaintiff contended Defendant violated the Private Attorneys General Act of 2004.

DEFENDANTS' CONTENTIONS: Defendants denied Plaintiff's contentions and any other alleged wrongdoing.

Result

The parties agreed to settle for $375,000.


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