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Employment Law
Wage and Hour
Meal and Rest Periods

Martin Ortiz, individually, and on behalf of all others similarly situated v. Tara Materials Inc., and Does 1 through 10, inclusive

Published: Jun. 23, 2023 | Result Date: Jan. 30, 2023 | Filing Date: Jan. 13, 2021 |

Case number: 37-2021-00001473-CU-OE-CTL Settlement –  $140,000

Judge

Eddie C. Sturgeon

Court

San Diego County Superior Court


Attorneys

Plaintiff

Justin F. Marquez
(Wilshire Law Firm )

Benjamin H. Haber
(Wilshire Law Firm)

Arrash T. Fattahi
(Wilshire Law Firm)


Defendant

Danielle H. Moore
(Fisher & Phillips LLP)

Bret Martin
(Fisher & Phillips LLP)

Benjamin Carney
(Fisher & Phillips LLP)


Facts

Martin Ortiz, individually and on behalf of all others similarly situated, brought a class action against Tara Materials, Inc., alleging various Labor Code violations. The class included all current and former hourly-paid, non-exempt employees who worked for Tara Materials in California from January 13, 2017, through March 15, 2022.

Contentions

PLAINTIFF'S CONTENTIONS: Plaintiff alleged that defendant failed to: pay minimum wages, overtime, and double time wages for all hours worked; provide meal and rest breaks or premiums thereon; maintain accurate employment records; and reimburse business expenses for its California employees during the relevant time period. Further, plaintiff contended that defendant engaged in unfair competition as a result of their policies and practices.

DEFENDANT'S CONTENTIONS: Defendants denied all contentions.

Result

Tara Materials Inc. agreed to pay $140,000 to settle all claims.


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