Arlis Villalta, an individual; Erika Gil, an individual; Kattya Zavala, an individual, on behalf of themselves and all others similarly situated v. Leonardo's Restaurant Inc., LA Boom Inc., La Noria Inc., La Noria Entertainment Inc., Leba Inc., Leolo Inc., Fermax Inc., El Leon Restaurant Inc., Leonardo Lopez, and Does 5 through 100, inclusive
Published: May 26, 2023 | Result Date: Feb. 7, 2023 | Filing Date: Apr. 9, 2014 |Case number: BC542133 Settlement – $4,300,000
Judge
Court
Los Angeles County Superior Court
Attorneys
Plaintiff
Matthew J. Matern
(Matern Law Group PC)
Launa N.E. Adolph
(Matern Law Group PC)
Dalia R. Khalili
(Matern Law Group PC)
Shooka Dadashzadeh
(Matern Law Group PC)
Defendant
Charles L. Murray III
(Law Office of Charles L. Murray, III)
Robert J. Prata
(Prata & Daley LLP)
John F. Morning
(Prata & Daley LLP)
Facts
Arlis Villalta, Erika Gil, and Kattya Zavala, on behalf of themselves and similarly situated employees, brought a class and Private Attorneys General Act action against Leonardo's Restaurant, Inc, La Noria Entertainment, Inc., Leba, Inc., Fermax, Inc., Leolo Inc., El Leon Restaurant, Inc. and Leonardo Lopez, alleging various Labor Code violations. The class included all persons employed by defendants as non-exempt employees in California from April 9, 2010 to May 14, 2021, most of which were non-English speaking minimum-wage earners working at the restaurants and nightclubs operated by defendants.
Contentions
PLAINTIFFS' CONTENTIONS: Plaintiffs alleged that defendants failed to: provide required meal periods, provide required rest periods, pay overtime wages, pay minimum wages, pay gratuities, pay all wages due to discharged and quitting employees, maintain required records, furnish accurate itemized statements, and indemnify employees for necessary expenditures incurred in discharge of duties for its California employees during the relevant time period. Further, plaintiffs contended that defendants engaged in unfair and unlawful business practices as a result of these violations. Plaintiffs sought civil penalties under California's Private Attorneys General Act, unpaid wages, restitution, interest, attorneys' fees, and costs.
DEFENDANTS' CONTENTIONS: Defendants denied all contentions.
Result
Defendants agreed to pay $4,300,000 to settle all claims. The average estimated payment per class member for the 628 estimated putative class members is $2,912.42 with multiple class members estimated to receive amounts equaling $18,262.90 to $22,661.71.
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