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Employment Law
Wage and Hour
Meal and Rest Periods

Jon Wood, as an individual and on behalf of all others similarly situated v. 2018HMO LLC dba Hikei Modern Cannabis; 2018HMPF LLC, Aaron Magagna, Michael Stratman, and Does 1 through 50, inclusive

Published: May 26, 2023 | Result Date: Dec. 9, 2022 | Filing Date: Dec. 20, 2021 |

Case number: 37-2021-00053035-CU-0E-CTL Settlement –  $350,000

Judge

Carolyn M. Caietti

Court

San Diego County Superior Court


Attorneys

Plaintiff

Nicholas J. Ferraro
(Ferraro Vega Employment Lawyers, Inc.)

Lauren N. Vega
(Ferraro Vega Employment Lawyers, Inc.)

Rick A. Waltman
(Rick Waltman Law APC)


Defendant

Guillermo A. Escobedo
(Jackson Lewis PC)

Bayan Salehi
(Manning & Kass, Ellrod, Ramirez, Trester LLP)

Lara P. Besser
(Jackson Lewis PC)


Facts

Jon Wood is a former employee for 2018HMO LLC dba Hikei Modern Cannabis. On December 20, 2021, Wood, individually and on behalf of all others similarly situated, brought a class action against 2018HMO LLC and 2018HMPF LLC, alleging various wage and hour violations. The class included all persons employed by defendants or defendants' affiliated or related entities in California and classified as hourly non-exempt employees who worked from December 20, 2017, through September 27, 2022. On May 24, 2022, the parties participated in an all-day mediation presided over by the Honorable Joan M. Lewis. Defendants estimated that as of the date of the settlement agreement, there were 192 class members and 7,896 total workweeks during the class period.

Contentions

PLAINTIFF'S CONTENTIONS: Plaintiff alleged that defendants failed to: pay overtime wages, pay minimum wages, timely pay wages due upon termination, reimburse necessary business expenses, provide compliant meal periods and rest breaks, and provide accurate itemized wage statements for its California employees during the relevant time period. Further, plaintiff contended that defendants engaged in violations of the unfair competition law. Finally, plaintiff sought penalties for these violations under the California Private Attorney General Act.

DEFENDANTS' CONTENTIONS: Defendants denied all contentions.

Result

Defendants agreed to pay $350,000 to settle all claims.


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