Juan Barco, an individual; Julio Xolalpa, an individual; on behalf of themselves and all others similarly situated v. Kellytoy (USA) Inc., Jonathan Kelly, Hannah Kelly, and Does 1 through 20, inclusive
Published: Aug. 18, 2023 | Result Date: Mar. 17, 2023 | Filing Date: Mar. 27, 2020 |Case number: 20STCV1253 Settlement – $410,000
Judge
Court
Los Angeles County Superior Court
Attorneys
Plaintiff
Daniel Z. Srourian
(Srourian Law Firm)
Sarkis Sirmabekian
(Sirmabekian Law Firm, PC)
Defendant
David J. Fishman
(Ballard, Rosenberg, Golper & Savitt LLP)
Janet S. Soultanian
(Ballard, Rosenberg, Golper & Savitt LLP)
Facts
On March 27, 2020, Juan Barco and Julio Xolalpa, on behalf of themselves and all others similarly situated, brought a class action against Kellytoy (USA), Inc., Jonathan Kelly, and Hannah Kelly, alleging various Labor Code violations. The class included all current and former non-exempt employees who worked for defendants within California at any time from March 27, 2016, through November 24, 2021. On June 5, 2020, Daniel Cardona filed a similar class action complaint. On August 23, 2021, the parties participated in a mediation session with Steve Serratore, Esq.
Contentions
PLAINTIFFS' CONTENTIONS: Plaintiffs contended that defendants failed to: pay minimum wages, pay overtime compensation, pay meal period compensation, pay rest period compensation, furnish accurate wage and hour statements, and pay wages upon discharge for its California employees during the relevant time period. Further, plaintiffs alleged that defendants engaged in unfair competition in violation of California Business and Professions Code.
DEFENDANTS' CONTENTIONS: Defendants denied all contentions.
Result
Defendants agree to pay $410,000 to settle all claims.
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