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Employment Law
Wage and Hour
Meal and Rest Periods

Fabricia Lopez Rivera, individually, and on behalf of all others similarly situated v. Villagrana Logistics Inc., Amazon Logistics Inc., and Does 1 through 10, inclusive

Published: Dec. 22, 2023 | Result Date: Jul. 26, 2023 | Filing Date: Oct. 13, 2020 |

Case number: CIVDS2022538 Settlement –  $400,000

Judge

David S. Cohn

Court

San Bernardino County Superior Court


Attorneys

Plaintiff

Kane Moon
(Moon Law Group PC)

Allen V. Feghali
(Moon Law Group PC)

Charlotte A. Mikat-Stevens
(Moon & Yang APC)


Defendant

Timothy L. Johnson
(Ogletree, Deakins, Nash, Smoak & Stewart PC)

Nikolas T. Djordjevski
(Ogletree, Deakins, Nash, Smoak & Stewart PC)

Yousaf M. Jafri
(Ogletree, Deakins, Nash, Smoak & Stewart PC)

Max C. Fischer
(Morgan, Lewis & Bockius LLP)

Tuyet T. Nguyen Lu
(Morgan, Lewis & Bockius LLP)

Sarah Zenewicz
(Morgan, Lewis & Bockius LLP)


Facts

On October 9, 2020, Fabricio Rivera filed a Private Attorneys General Act (PAGA) notice naming his former employers, Villagrana Logistics Inc. and Amazon Inc. Four days later, on October 13, 2020, he filed a wage-and-hour lawsuit in San Bernardino Superior.

Contentions

PLAINTIFF'S CONTENTIONS: Plaintiff alleged that defendants violated labor laws pertaining to unpaid wages and overtime; meal and rest periods; unpaid meal and rest break premiums; wage statement and waiting time penalties; and unreimbursed necessary business expenses. Based on these same violations, plaintiff further asserted claims for unfair competition and sought civil penalties under PAGA.

DEFENDANTS' CONTENTIONS: Defendants denied any and all liability or wrongdoing for the asserted contentions and disputed plaintiff's claimed damages and penalties. Defendant Amazon also specifically denied that it employed any of the class and PAGA members, or that it had any joint employer relationship with defendant Villagrana.

Settlement Discussions

The parties participated in an all-day private mediation with Tripper Ortman, Esq. on December 6, 2022, resulting in the settlement.

Result

The case settled for $400,000.


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