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Employment Law
Wage and Hour
Meal and Rest Periods

Karina Guevara, on behalf of herself and all others similarly situated v. J&K Culver LLC, Potato Corner LA Group LLC, Guy Koren, Arizona Oum, Amir Jacoby, and Does 1 through 100, inclusive

Published: Mar. 3, 2023 | Result Date: Aug. 11, 2022 | Filing Date: Nov. 6, 2019 |

Case number: 19STCV39951 Settlement –  $350,000

Judge

Elihu M. Berle

Court

Los Angeles County Superior Court


Attorneys

Plaintiff

David D. Bibiyan
(Bibiyan Law Group PC)

Jeffrey D. Klein
(Bibiyan Law Group PC)

Diego F. Aviles
(Bibiyan Law Group PC)


Defendant

Thomas H. Petrides
(Vedder Price (CA) LLP)

Ashley D. Stein
(Vedder Price (CA) LLP)

James S. Cooper
(Levinson, Arshonsky & Kurtz LLP)


Facts

On November 6, 2019, Karina Guevara, on behalf of herself and all others similarly situated, filed a putative wage-and-hour class action against J&K Culver, LLC, Potato Corner LA Group LLC, Guy Koren, Arizona Oum, and Amir Jacoby, alleging various Labor Code violations. The class included all persons who currently work or formerly worked for Potato Corner on behalf of defendants as non-exempt, hourly-paid employees in California at any time from November 6, 2015, through August 31, 2021.

Contentions

PLAINTIFF'S CONTENTIONS: Plaintiff alleged that defendants failed to: pay overtime and minimum wages, provide compliant meal and rest periods or compensation in lieu thereof, issue compliant and accurate wage statements, pay all wages due upon termination or resignation from employment, reimburse employees for business expenses, permit inspection or copying of wage statements, and permit inspection and copying of personnel records for its California employees. Further, plaintiff contended that as a result of these violations, defendants engaged in unfair competition in violation of the California Business & Professions Code.

DEFENDANTS' CONTENTIONS: Defendants denied all contentions.

Result

Defendants agreed to pay a non-reversionary $350,000 common fund.


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