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Employment Law
Wage and Hour
Meal and Rest Periods

Cecilia Cholico, individually, and on behalf of all others similarly situated v. Riley Family Enterprises Inc., and Does 1 through 50, inclusive

Published: Jan. 26, 2024 | Result Date: May 10, 2023 | Filing Date: Oct. 22, 2021 |

Case number: CIVSB2130458 Settlement –  $275,000

Judge

David S. Cohn

Court

San Bernardino County Superior Court


Attorneys

Plaintiff

Scott E. Wheeler
(Law Office of Scott E. Wheeler)

Justin A. Wheeler
(Law Office of Scott E. Wheeler)


Defendant

Jamie E. Wrage
(Stream, Kim, Hicks, Wrage & Alfaro PC)

Amy J. Osborne
(Stream, Kim, Hicks, Wrage & Alfaro PC)


Facts

On October 21, 2021, Cecilia Cholico filed a class action, wage-and-hour lawsuit in San Bernardino Superior against her former employer, Riley Family Enterprises. She sought to represent those who worked for Riley from August 18, 2020 through February 3, 2023.

Contentions

PLAINTIFF'S CONTENTIONS: Plaintiff made the following wage-and-hour claims against defendant: failure to provide meal, rest and recovery periods; failure to pay overtime and/or minimum wages; failure to timely pay wages; failure to pay all wages during employment or on discharge; failure to furnish accurate, itemized wage statements; failure to maintain required records; failure to provide and calculate sick leave; failure to indemnify employees for necessary expenses; and was liable for Private Attorneys General Act penalties.

DEFENDANT'S CONTENTIONS: Defendant denied any liability or wrongdoing, contending, among others, that it complied with all applicable laws.

Settlement Discussions

On February 3, 2023, the parties participated in a private mediation session with Steve Pearl, Esq. After a full day of mediation, they were able to resolve the matter, agreeing to settle.

Result

The case settled for $275,000.


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