Confidential
Settlement – $700,000Judge
Court
Sacramento Superior
Attorneys
Plaintiff
Gary M. Messing
(Messing, Adam & Jasmine LLP)
Defendant
Thomas E. Hill
(Holland & Knight LLP)
Remy J. Kessler
(Constangy Brooks Smith and Prophete LLP)
Facts
The plaintiffs in this class action were sales associates at defendant department store statewide. Plaintiffs had their gross sales, upon which commissions were calculated, reduced because of the returns of the merchandise. The customer returns were incorrectly attributed to sales that the defendant stated that sales associates (plaintiffs) had made. The plaintiffs brought this action against the defendant based on violation of Labor Code º221 (unfair business practices) and violation of Business and Profession Code º17200.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $5 million. The defendant made a C.C.P. º998 offer of compromise for $200,000.
Damages
Reduction of earned income.
Other Information
The settlement was reached approximately two years and four months after the case was filed. A settlement conference was held on Nov. 5, 1997, before Loren McMaster, a pro-tem judge in the Sacramento Superior Court, resulting in the reported settlement.
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