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Employment Law
Wage and Hour
Meal and Rest Periods

Joel Zelaya, Demetrio Montes v. Commercial Lumber & Pallet Co. Inc., Raymond Gutierrez, and Does 1 through 100, inclusive

Published: Feb. 2, 2024 | Result Date: Sep. 1, 2023 | Filing Date: Apr. 6, 2022 |

Case number: 22PSCV00340 Settlement –  $756,465

Judge

Stuart M. Rice

Court

Los Angeles County Superior Court


Attorneys

Plaintiff

Gregory P. Wong
(Barkhordarian Law Firm PLC)

Heather K. Cox
(Barkhordarian Law Firm PLC)

Justin F. Marquez
(Wilshire Law Firm )

Christina M. Le
(Wilshire Law Firm PLC)

Zachary D. Greenberg
(Wilshire Law Firm)


Defendant

Richard J. Frey
(Nixon Peabody LLP)

Robert H. Pepple
(Nixon Peabody LLP)

Philip S. Lamborn
(Nixon Peabody LLP)


Facts

Joel Zelaya and Demetrio Montes filed a class action, wage-and-hour suit against Commercial Lumber & Pallet and Raymond Gutierrez in Los Angeles Superior. Pedro Negrete also filed his action against Commercial Lumber in Los Angeles Superior. The class action was brought on behalf of all individuals employed by Commercial Lumber from January 17, 2018 to September 1, 2023.

Contentions

PLAINTIFFS' CONTENTIONS: Plaintiff contended that defendants failed to: pay minimum and overtime wages; pay timely wages; provide accurate, itemized wage statements; provide timely, duty-free meal and/or rest periods and/or meal premium equivalents for those missed periods; maintain adequate records; and reimburse business expenses. Accordingly, plaintiffs also sought Private Attorneys General Act penalties.

DEFENDANTS' CONTENTIONS: Defendants denied all material claims and allegations, asserting they complied with all legal obligations.

Result

The parties agreed to settle for $756,465.

Other Information

Consolidated with: 22STCV03643


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