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Employment Law
Wage and Hour
Meal and Rest Periods

Gabriel Pastrana, on behalf of himself and all others similarly situated and aggrieved v. National Sign & Marketing Corporation, John J. Kane, and Does 1 through 100, inclusive

Published: Aug. 11, 2023 | Result Date: Feb. 28, 2023 | Filing Date: Jul. 2, 2021 |

Case number: CIVSB2118749 Settlement –  $825,000

Judge

David S. Cohn

Court

San Bernardino County Superior Court


Attorneys

Plaintiff

David D. Bibiyan
(Bibiyan Law Group PC)

Vedang J. Patel
(Bibiyan Law Group PC)

Iona Levin
(Bibiyan Law Group PC)


Defendant

Beth A. Kahn
(Music, Peeler & Garrett LLP)

Ryan C. McKim
(Clark Hill LLP)

Keith R. Rossman
(Clark Hill LLP)


Facts

On July 2, 2021, Gabriel Pastrana, on behalf of himself and all others similarly situated and aggrieved, brought a class action against National Sign & Marketing Corporation and John J. Kane, alleging various Labor Code violations. The class included all current and former non-exempt employees of National Sign & Marketing Corporation and John Kane employed in California at any time from July 2, 2017, through preliminary approval. Defendant represented that there were no more than 15,000 workweeks during the class period. On August 18, 20222, the parties participated in an all-day mediation presided over by Eve Wagner, Esq.

Contentions

PLAINTIFF'S CONTENTIONS: Plaintiff contended that defendants failed to: pay overtime wages, pay minimum wages, provide meal periods, provide rest periods, provide accurate itemized wage statements, timely pay wages, and indemnify its California employees during the relevant time period. Further, plaintiff alleged that defendants engaged in unfair competition as a result of these violations.

DEFENDANTS' CONTENTIONS: Defendants denied all contentions.

Result

Defendants agreed to pay $825,000 to resolve all claims.


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