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Employment Law
Wage and Hour
Meal and Rest Period

Sean Otis, individually and on behalf of all others similarly situated v. Ray Stone Inc.

Published: Jul. 15, 2022 | Result Date: Feb. 24, 2021 | Filing Date: Nov. 26, 2019 |

Case number: 34-2019-00269952 Settlement –  $500,000

Judge

Christopher E. Krueger

Court

Sacramento County Superior Court


Attorneys

Plaintiff

Aaron C. Gundzik
(Gundzik, Gundzik & Heeger LLP)

Rebecca G. Gundzik
(Gundzik, Gundzik & Heeger LLP)

Galen T. Shimoda
(Shimoda & Rodriguez Law PC)


Defendant

Barbara A. Cotter
(Cook Brown LLP)


Facts

Ray Stone Incorporated has been investing in real estate for the past fifty years. Its property and management experience encompasses commercial, multifamily and senior living within the states of California, New Mexico, Arizona, and Texas. In California, Ray Stone operated a real estate investment and management company that owns and manages apartments for rent, operates senior living communities, and leases and manages both office and retail properties. Sean Otis, one of Ray Stone's former employee., filed suit in Sacramento Superior, on behalf of current and former non-exempt employees who worked for Ray Stone.

Contentions

PLAINTIFF'S CONTENTIONS: Plaintiff, Otis, alleged the following causes of action: failure to provide meal and rest breaks; failure to pay overtime; unlawful failure to pay split shift pay; failure to provide accurate wage statements; violation of the Unfair Practices Act; recovery of civil penalties under the California Labor Code Private Attorneys' General Act (PAGA); and finally, recovery of derivative penalties.

DEFENDANT'S CONTENTIONS: Defendant, Ray Stone, denied all of plaintiff's allegations and denied any wrongdoing. Among others, Ray Stone contended that all employees had been properly compensated and further, it complied with all applicable California labor laws.

Settlement Discussions

On July 22, 2020, the parties attended a mediation before David Perrault, after which the parties reached a settlement.

Result

Ray Stone agreed to pay $500,00 to settle and all obligations for all claims alleged in the suit.


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