Maria Chavarin De Gamez, as an individual and on behalf of all others similarly situated v. California Fruit Basket Inc., Melkonian Enterprises Inc., and Does 1 through 100
Published: Mar. 31, 2023 | Result Date: Sep. 28, 2022 | Filing Date: Aug. 28, 2020 |Case number: 20CECG02531 Settlement – $420,000
Judge
Court
Fresno County Superior Court
Attorneys
Plaintiff
Daniel J. Brown
(Stansbury Brown Law PC)
Defendant
Katherine C. DenBleyker
(O'Hagan Meyer LLP)
Facts
Maria Chavarin De Gamez was employed as an hourly, non-exempt worker by California Fruit Basket, Inc. On August 28, 2022, she filed suit against California Fruit Basket and Melkonian Enterprises, Inc. on behalf of herself and all others similarly situated.
Contentions
PLAINTIFF'S CONTENTIONS: Plaintiff contended that the defendants failed to pay employees for all hours worked; failed to pay minimum wages; failed to pay overtime wages; failed to provide required meal periods and rest breaks; failed to provide accurate itemized wage statements; failed to timely pay all wages due upon separation from employment; and engaged in unlawful business practices. Moreover, plaintiff contended that the defendants were liable for civil penalties under the Labor Code Private Attorneys General Act.
DEFENDANTS' CONTENTIONS: Defendants denied any wrongdoing or liability and all the plaintiff's material allegations. Moreover, the defendants denied owing the plaintiff or any purported class members wages, restitution, civil penalties, damages, or other remedies.
Result
The parties reached an agreement wherein the defendants admitted no wrongdoing or liability but agreed to pay $420,000 to settle class members' and PAGA claims.
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