Jose Diaz, individually, and on behalf of other members of the general public similarly situated and on behalf of other aggrieved employees pursuant to the California Private Attorneys General Act; Matthew Vigil, Diana Estrada, individually, and on behalf of other members of the general public similarly situated v. Accufleet International Inc., and Does 1 through 100, inclusive
Published: Oct. 13, 2023 | Result Date: May 8, 2023 | Filing Date: Jan. 31, 2020 |Case number: 20STCV04183 Settlement – $775,000
Judge
Court
Los Angeles County Superior Court
Attorneys
Plaintiff
Joanna Ghosh
(Lawyers for Justice PC)
Arby Aiwazian
(Lawyers for Justice PC)
Edwin Aiwazian
(Lawyers for Justice PC)
Defendant
Katherine C. DenBleyker
(O'Hagan Meyer LLP)
Samuel P. Knecht
(Lewis, Brisbois, Bisgaard & Smith LLP)
Facts
On January 31, 2020, Jose Diaz, individually and on behalf of other members of the general public similarly situated and on behalf of other aggrieved employees pursuant to the California Private Attorneys General Act (PAGA), and Matthew Vigil and Diana Estrada, individually and on behalf of other members of the general public similarly situated, brought a class action against Accufleet International Inc. On July 29, 2020, plaintiffs filed a first amended class action complaint for damages and enforcement under the PAGA and California Labor Code. The class included all individuals who worked for AccuFleet International, Inc. as hourly-paid and/or non-exempt employees in California at any time from January 31, 2016, through the date of preliminary approval.
Contentions
PLAINTIFFS' CONTENTIONS: Plaintiffs alleged that defendant failed to: pay overtime wages, provide meal periods and associated premium payments, provide rest periods and associated premium payments, pay minimum wages, timely pay wages upon termination of employment, timely pay wages during employment, furnish accurate wage statements, and reimburse business expenses for its non-exempt California employees during the relevant time period. Further, plaintiffs contended that defendant engaged in unfair competition in violation of the California Business & Professions Code based on the aforementioned allegations. Plaintiffs sought recovery of unpaid wages and premiums, restitution, penalties, interest, attorneys' fees, and costs.
DEFENDANT'S CONTENTIONS: Defendant denied all contentions.
Settlement Discussions
On September 22, 2021, the parties a full-day, private mediation with experienced wage and hour mediator, Eve Wagner, and reached an agreement to settle the case.
Result
Accufleet International Inc. agreed to pay $775,000 to settle all claims.
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