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Employment Law
Wage and Hour
Meal and Rest Periods

Ann Espinoza, Diana Fontana v. Cicon Engineering Inc.

Published: Feb. 2, 2024 | Result Date: Oct. 19, 2023 | Filing Date: Oct. 26, 2021 |

Case number: 21STCV39385 Settlement –  $750,000

Judge

Maren E. Nelson

Court

Los Angeles County Superior Court


Attorneys

Plaintiff

Justin F. Marquez
(Wilshire Law Firm )

Christina M. Le
(Wilshire Law Firm PLC)

Arsine Grigoryan
(Wilshire Law Firm PLC)


Defendant

Matthew B. Golper
(Ballard, Rosenberg, Golper & Savitt LLP)


Facts

On October 26, 2021, Ann Espinoza and Diana Fontana brought a class action against Cicon Engineering Inc., alleging various wage and hour violations. The class included all persons employed by Cicon Engineering Inc. in California and classified as a nonexempt employee who worked for Cicon Engineering Inc. from May 1, 2017, through November 7, 2022. On November 3, 2021, plaintiffs filed a First Amended Complaint. Based on a review of its records through August 31, 2022, Cicon Engineering estimated that class members collectively worked a total of 43,427 Pay Periods.

Contentions

PLAINTIFFS' CONTENTIONS: Plaintiffs alleged that defendant failed to: pay minimum and straight time wages, pay overtime wages, provide meal periods, authorize and permit rest periods, timely pay final wages at termination, provide accurate itemized wage statements, and indemnify necessary business expenses for its nonexempt California employees during the class period.

DEFENDANT'S CONTENTIONS: Defendant denied all contentions.

Settlement Discussions

On September 8, 2022, the parties participated in an all-day mediation presided over by Steve Cerveris, Esquire, of Cerveris Mediation, which led to a settlement agreement.

Result

Defendants agreed to pay $750,000 to settle the case.


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