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Employment Law
Wage and Hour
Meal and Rest Period

Diego Ornelas, an individual, on behalf of himself and others similarly situated v. National Storage Affiliates Trust; Intandem Human Resources LLC; Storage Management and Leasing Co. LLC; Istorage JV LLC, and Does 1 through 50, inclusive

Published: Apr. 8, 2022 | Result Date: Oct. 7, 2021 | Filing Date: Nov. 19, 2018 |

Case number: CGC-18-571421 Settlement –  $400,000

Judge

Curtis E.A. Karnow

Court

San Francisco County Superior Court


Attorneys

Plaintiff

David H. Yeremian
(David Yeremian & Associates Inc.)

Alvin B. Lindsay
(D.Law Inc.)

Emil Davtyan
(D.Law Inc.)


Defendant

Angela J. Rafoth
(Littler Mendelson PC)

Adam B. Sugarman
(Gordon & Rees LLP)


Facts

Diego Ornelas brought a class action lawsuit against National Storage Affiliates Trust, Intandem Human Resources, LLC, Storage Management and Leasing Co., LLC, and iStorage JV, LLC, alleging violations of various California Labor Codes, a Business & Professions Code, and the Fair Labor Standards Act. Plaintiff was employed by defendants as a non-exempt, hourly employee in California under the iStorage brand in Moreno Valley, California and San Bernardino, California from November 26, 2016, through June 22, 2018. The class includes all individuals who are or previously were employed by defendants or predecessor entities as non-exempt, hourly employees at defendants' storage facilities within the State of California from November 19, 2014, to February 3, 2020. There were 94 settlement case members with no objections.

Contentions

PLAINTIFF'S CONTENTIONS: Plaintiff alleged that defendants failed to pay minimum wages, failed to pay for overtime worked, failed to provide adequate thirty-minute meal period and ten-minute rest breaks, failed to reimburse employees for necessary business expenditures, required employees to work off the clock, failed to record accurate time worked by employees, provided inaccurate wage statements, and engaged in business violations. Plaintiff contended that the class members shared similar job duties and responsibilities, were subjected to the same policies and practices, and endured similar violations at defendants' facilities and locations throughout California.

DEFENDANTS' CONTENTIONS: Defendants denied all contentions.

Result

$400,000 settlement, with $143,175.79 to attorneys fee and expenses, $10,000 to the class representative, $15,000 to the California Labor & Work Development agency, and $7,500 to administrative costs.


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