Eva Yanez, on behalf of herself and all others similarly situated v. Gardner Family Health Network Inc., and Does 1 through 10, inclusive
Published: Dec. 29, 2023 | Result Date: Jul. 13, 2023 | Filing Date: Feb. 24, 2020 |Case number: 20CV364033 Settlement – $1,125,000
Judge
Court
Santa Clara County Superior Court
Attorneys
Plaintiff
Michael D. Singer
(Cohelan, Khoury & Singer)
Jeffrey James Geraci
(Cohelan, Khoury & Singer)
Sahag Majarian II
(Majarian Law Group APC)
Defendant
Charles S. Painter
(Lewis, Brisbois, Bisgaard & Smith LLP)
Adam G. Khan
(Lewis, Brisbois, Bisgaard & Smith LLP)
Facts
In 2003, Eva Yanez began working for Gardner Family Health Network Inc. as a Medical Assistant. Two years later, she became a Referral Clerk. In August 2019, her employment was terminated. On February 24, 2020, Yanez filed suit in Santa Clara Superior alleging various wage-and-hour violations against Gardner Family Health.
Contentions
PLAINTIFF'S CONTENTIONS: Plaintiff contended generally that defendant failed to provide: all regular, minimum, and overtime wages; rest and meal periods or premium wages for rest and meal periods not provided; accurate wage statements; and timely final wages. Specifically, for example, she asserted that the bonuses and other earned non-discretionary awards such as bonuses for longevity of service, were not included in the regular rate of pay for calculating overtime. Another example occurred when plaintiff worked 9.5 hours without a meal break and her wage statement showed no premium wages paid. Plaintiff further alleged that defendant had no written policy to provide duty free rest periods and rest periods were not enforced.
DEFENDANT'S CONTENTIONS: Defendant denied any liability or wrongdoing associated with plaintiff's alleged claims, further disputing plaintiff's asserted damages and penalties.
Settlement Discussions
On March 18, 2022, the parties attended a full-day private mediation with retired judge, Maria Elena-James, which resulted in a settlement.
Result
The case settled for $1.125 million.
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