Darlene Cabuag, individually, and on behalf of other members of the general public similarly situated v. Westgate Premier Healthcare Services Inc., Amberwood Gardens, and Does 1 through 100, inclusive
Published: Oct. 6, 2023 | Result Date: May 18, 2023 | Filing Date: Aug. 1, 2019 |Case number: 19CV352173 Settlement – $700,000
Judge
Court
Santa Clara County Superior Court
Attorneys
Plaintiff
Edwin Aiwazian
(Lawyers for Justice PC)
Arby Aiwazian
(Lawyers for Justice PC)
Joanna Ghosh
(Lawyers for Justice PC)
Annabel F. Blanchard
(Lawyers for Justice PC)
Defendant
Julie A. Vogelzang
(Schor, Vogelzang & Chung LLP)
Lisa Marie Chung
(Schor, Vogelzang & Chung LLP)
Janelle R. Thornton
(Schor, Vogelzang & Chung LLP)
Facts
Plaintiff Darlene Cabuag filed this action on behalf of herself and others similarly situated against defendants Westgate Premier Healthcare Services, Inc. and Amberwood Gardens, alleging claims for: (1) unpaid overtime; (2) unpaid meal period premiums; (3) unpaid rest period premiums; (4) unpaid minimum wages; (5) final wages not timely paid; (6) noncompliant wage statements; and (7) failure to keep requisite payroll records; (8) unreimbursed business expenses; and (9) unfair business practices.
Result
The parties agreed to settle the case. Defendant agreed to pay a gross settlement amount of $700,000, including attorneys' fees of up to $245,000; costs of up to $30,000; and an enhancement payment for plaintiff Cabuag of $7,500.
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