Guillermina Silvia Martinez Gutierrez, et al. v. Hakimianpour Santa Monica Group, L.L.C., et al.
Published: Apr. 12, 2024 | Result Date: Nov. 28, 2023 | Filing Date: Jul. 14, 2021 |Case number: 21STCV25946 Settlement – $300,000
Judge
Court
Los Angeles County Superior Court
Attorneys
Plaintiff
Shoham J. Solouki
(Solouki Savoy LLP)
Defendant
Kathleen A. Jorrie
(Pillsbury, Winthrop, Shaw & Pittman LLP)
Paula M. Weber
(Pillsbury, Winthrop, Shaw & Pittman LLP)
Facts
On July 14, 2021, Guillermina Silvia Martinez Gutierrez brought a class action against Hakimianpour Santa Monica Group, L.L.C., which ownsand operates Burger King Restaurants, alleging various wage and hour violations. The class included all persons employed by Hakimianpour Santa Monica Group, L.L.C. in California and classified as a non-exempt employee who worked for Hakimianpour Santa Monica Group, L.L.C at any time from July 14, 2017 to December 31, 2022. On February 28, 2022, Plaintiff filed a First Amended Complaint adding an eleventh causes of action against defendant for violations of Private Attorney General Act (PAGA). Based on a review of its records to date, defendant estimated there were 600 Class Members who collectively worked a total of 20,115 Class Pay Periods, and 412 Employees who worked a total 10,099 PAGA Pay Periods.
Contentions
PLAINTIFF'S CONTENTIONS: Plaintiff alleged that defendants failed to: provide required meal periods, provide required rest periods, pay overtime wages, pay minimum wages, timely pay wages, pay all wages due to discharged and quitting employees, maintain required records, furnish accurate itemized statements, and indemnify employees for necessary expenditures incurred in discharge of duties for non-exempt California employees during the class period.
DEFENDANT'S CONTENTIONS: Defendant denied all contentions.
Settlement Discussions
On August 11, 2022, the parties participated in an all-day mediation presided over by experienced mediator Jeffrey Krivis which led to a settlement agreement.
Result
Without admitting liability and to avoid the expense of litigation, Defendants agreed to pay $300,000 to settle all claims.
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