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Employment Law
Wage and Hour
Meal and Rest Periods

Jose Alcala-Luna, Josue Diaz Pineda, Vilma Diaz Pineda, and Maribel Lozano Martinez v. Me Gusta Gourmet Foods Inc.

Published: May 10, 2024 | Result Date: Jan. 12, 2024 | Filing Date: May 24, 2021 |

Case number: 21STCV19578 Settlement –  $1,100,000

Judge

Yvette M. Palazuelos

Court

Los Angeles County Superior Court


Attorneys

Plaintiff

Kevin Mahoney
(Mahoney Law Group APC)

John A. Young
(Mahoney Law Group APC)


Defendant

Robert J. Hudock
(Hudock Employment Law Group)

Eliza Ann L. Oliver
(Hudock Employment Law Group)


Facts

On May 24, 2021, Jose Alcala-Luna brought a class action against Me Gusta Gourmet Foods Inc., a restaurant in Pacoima, California, alleging various wage and hour violations. The class included all persons employed by Me Gusta Gourmet Foods Inc. in California and classified as a non-exempt employee who worked for Me Gusta Gourmet Foods Inc. from May 24, 2017 to September 4, 2022. On June 6, 2022, Vilma Diaz Pineda, Josue Diaz Pineda, and Maribel Lozano Martinez filed a complaint against Me Gusta Gourmet Foods Inc. On July 21, 2022, Jose Alcala-Luna, Josue Diaz Pineda, Vilma Diaz Pineda, and Maribel Lozano Martinez filed a first amended complaint adding Labor Code violations and Private Attorneys General Act claims (PAGA). Based on a review of its records as of June 21, 2022, Me Gusta Gourmet Foods Inc. estimated there were two hundred fifty-six Class Members who collectively worked a total of fifty thousand Workweeks, and two hundred twenty-six Aggrieved Employees who worked a total twelve thousand one hundred twenty-six PAGA Pay Periods.

Contentions

PLAINTIFFS' CONTENTIONS: Plaintiffs alleged that defendant failed to: pay wages including minimum wages and overtime, provide rest periods or premium compensation in lieu thereof, provide meal periods or premium compensation in lieu thereof, pay wages due at separation of employment, reimburse for business expenditures, and provide accurate itemized wage statements to its non-exempt California employees during the class periods.

DEFENDANT'S CONTENTIONS: Defendant denied all contentions.

Settlement Discussions

On July 6, 2022, the parties participated in an all-day mediation presided over by Honorable Carl West (Retired) which led to a settlement agreement.

Result

Me Gusta Gourmet Foods Inc. agreed to pay $1.1 million to settle all claims.


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