Edgar Rodriguez-Fonseca, an individual, on behalf of himself and all others similarly situated v. Herbert Malarkey Roofing Company and Does 1 through 100
Published: Oct. 14, 2022 | Result Date: Oct. 19, 2021 | Filing Date: Jan. 17, 2019 |Case number: 19STCV01237 Settlement – $300,000
Judge
Court
Los Angeles County Superior Court
Attorneys
Plaintiff
Vache A. Thomassian
(KJT Law Group LLP)
Caspar S. Jivalagian
(KJT Law Group LLP)
Christopher A. Adams
(Adams Employment Counsel)
Defendant
Vince M. Verde
(Ogletree, Deakins, Nash, Smoak & Stewart PC)
Robert R. Vorhees
(Ogletree, Deakins, Nash, Smoak & Stewart PC)
Facts
Edgar Rodriguez-Fonseca worked for Herbert Malarkey Roofing Company as a non-exempt employee. On January 17, 2019, Rodriguez-Fonseca filed a class action action in Los Angeles Superior against Malarkey Roofing.
Contentions
PLAINTIFF'S CONTENTIONS: Plaintiff alleged that defendant failed to pay overtime wages; failed to pay minimum wages; failed to provide meal and rest breaks; failed to pay waiting time penalties; failed to provide compliant wage statements; committed unfair business practices; and was liable for penalties under the Private Attorneys General Act (PAGA).
DEFENDANT'S CONTENTIONS: Defendant denied any wrongdoing in connection with the claims, contending that class members were treated lawfully at all times.
Settlement Discussions
On April 13, 2020, the parties participated in private mediation with Louis Marlin. Another half-day mediation ensued with the same mediator on August 7, 2020. Thereafter, following more negotiations, a settlement resulted.
Result
The case settled for a gross settlement amount of up to $300,000.
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