This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Employment Law
Wage and Hour
Meal and Rest Periods

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

Kimberly A. Gaab

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.


#140481

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390