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Employment Law
Wage and Hour
Meal and Rest Periods

Nicholas Mendoza, individually, and on behalf of other members of the general public similarly situated v. Prosser Enterprise, and Does 1 through 100, inclusive

Published: Oct. 6, 2023 | Result Date: May 24, 2023 | Filing Date: Aug. 8, 2022 |

Case number: CVRI2203321 Settlement –  $305,000

Judge

Harold W. Hopp

Court

Riverside County Superior Court


Attorneys

Plaintiff

Jason W. Rothman
(Justice Law Corporation)

Shunt Tatavos-Gharajeh
(Justice Law Corporation)

Douglas Han
(Justice Law Corporation)


Defendant

Ronald W. Novotny
(Atkinson, Andelson, Loya, Ruud & Romo)

Joshua N. Lange
(Atkinson, Andelson, Loya, Ruud & Romo )


Facts

On August 8, 2022, Nicholas Mendoza, individually and on behalf of other members of the general public similarly situated, brought a class action against Prosser Enterprise, Inc., alleging various Labor Code violations. The class included all current and former non-exempt employees employed by defendant within California at any time from August 8, 2018, to July 18, 2022. Prosser Enterprise estimated there were approximately 8,259 workweeks during the class period.

Contentions

PLAINTIFF'S CONTENTIONS: Plaintiff alleged that defendant failed to: pay minimum wages, pay overtime wages, provide meal and rest periods or premium compensation in lieu thereof, pay timely final wages, reimburse necessary business expenses, and provide compliant wage statements for its non-exempt California employees during the relevant time period.

DEFENDANT'S CONTENTIONS: Defendant denied all contentions.

Settlement Discussions

On January 17, 2023, the parties attended mediation with the well-respected class action mediator Jason Marsili and were able to reach a settlement.

Result

Prosser Enterprise, Inc. agreed to pay $305,000 to settle the case.


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