Preview
1 Ian B. Wieland, State Bar No. 285721
Michael J. Conway, State Bar No. 322030
2 SAGASER, WATKINS & WIELAND, PC
5260 North Palm Avenue, Suite 400
3 Fresno, California 93704
Telephone: (559) 421-7000
4 Facsimile: (559) 473-1483
5 Attorneys for Defendant, LA ROSA TORTILLA FACTORY, INC.,
a California corporation
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STATE OF CALIFORNIA
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SUPERIOR COURT FOR THE COUNTY OF SANTA CRUZ
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SALVADOR VILLANUEVA, individually, Case No.: 22CV00226
9 and on behalf of all others similarly situated,
Plaintiff(s), JOINT STIPULATION TO
SAGASER, WATKINS & WIELAND PC
10 v. CONSOLIDATE RELATED ACTIONS
LA ROSA TORTILLA FACTORY, INC., a FOR ALL PURPOSES; [PROPOSED]
11 California corporation; and Does 1 through ORDER
10, inclusive,
12 Defendant(s).
5260 North Palm Avenue, Suite 400
13
Telephone: (559) 421-7000
Fresno, California 93704
ATTORNEYS AT LAW
Complaint Filed: January 28, 2022
14 Trial Date: None Set
15 MARCO PEREZ, individually, and on behalf Case No.: 22CV02684
of all others similarly situated,
16 Plaintiff, Complaint Filed: December 6, 2022
v. Trial Date: None Set
17 LA ROSA TORTILLA FACTORY, INC., a
California corporation; and Does 1 through
18 10, inclusive,
Defendant(s).
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TO THE HONORABLE COURT:
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Plaintiffs Salvador Villanueva and Marco Perez (“Plaintiffs”) and Defendant La Rosa Tortilla
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Factory, Inc. (“Defendant”) (collectively referred to as the “Parties”), by and through their respective
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counsel of record, submit this Joint Stipulation to Consolidate Related Actions for All Purposes, and
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hereby agree and stipulate as follows:
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1. On or about January 28, 2022, Plaintiff Salvador Villanueva filed a class action
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complaint in the Santa Cruz County Superior Court, Case No. 22CV00226 (the “Villanueva Class
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Action”). On or about April 12, 2022, Plaintiff Salvador Villanueva filed a separate PAGA complaint
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in the Santa Cruz County Superior Court, Case No. 22CV00748. On or about May 18, 2022, Plaintiff
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1
JOINT STIPULATION TO CONSOLIDATE RELATED ACTIONS FOR ALL
PURPOSES; [PROPOSED] ORDER
016318.00002 - 440220.1
1 filed a First Amended Class and Representative Action Complaint which incorporated Plaintiff
2 Salvador Villanueva’s PAGA claim into the Villanueva Class Action after the Court issued an Order
3 approving the Parties Joint Stipulation to File a First Amended Complaint.
4 2. On or about December 6, 2022, Plaintiff Marco Perez filed a class action complaint in
5 the Santa Cruz County Superior Court, Case No. 22CV02684 (“Perez Class Action”). Plaintiff Perez
6 also intends to amend the complaint to assert a PAGA cause of action.
7 3. The Villanueva Class Action and Perez Class Action all allege similar wage and hour
8 claims on behalf of the named plaintiffs in the action, as well as other similarly situated and/or alleged
9 aggrieved employees.
SAGASER, WATKINS & WIELAND PC
10 4. The Villanueva Class Action and the Perez Class Action are related under California
11 Rules of Court, Rule 3.300 and should be consolidated pursuant to California Code of Civil Procedure
12 section 1048 and California Rules of Court, Rule 3.350 for all purposes.
5260 North Palm Avenue, Suite 400
13 5. The Parties agree that the Court should issue an order consolidating the Villanueva
Telephone: (559) 421-7000
Fresno, California 93704
ATTORNEYS AT LAW
14 Class Action, and the Perez Class Action for all purposes because (1) the cases involve the same
15 parties; (2) the cases are based on the same or similar representative and/or class claims for alleged
16 wage and hour violations; (3) the cases arise from the same or substantially identical questions of law
17 or fact; (4) the Parties believe that there will be a significant overlap in discovery, witnesses, and
18 evidence and that it would benefit the Parties and the judicial system to have all claims brought by
19 Plaintiffs against Defendants in a single action; and (5) the Parties believe that consolidation will
20 further the interests of the Parties and judicial economy. Further, the Parties have settled, in principle,
21 all actions, and are in the process of finalizing a Memorandum of Understanding regarding settlement
22 and, thereafter, intend to draft and execute a long form settlement agreement for purposes of seeking
23 Court approval for the same. The Parties believe that it will serve the interests of judicial economy to
24 seek approval in a consolidated action, versus seeking approval in two separate actions.
25 6. The Parties agree that the Villanueva Class Action and the Perez Class Action should
26 be ordered to be consolidated in the Villanueva Class Action (22CV00226), resulting in the
27 Villanueva Class Action being the lead case.
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JOINT STIPULATION TO CONSOLIDATE RELATED ACTIONS FOR ALL
PURPOSES; [PROPOSED] ORDER
016318.00002 - 440220.1
1 7. Based on the foregoing, the Parties respectfully request this Court to enter an order
2 consolidating the Villanueva Class Action and the Perez Class Action for all purposes and ordering
3 that the Villanueva Class Action (22CV00226) be the lead case.
4 8. The Parties also request that a copy of the Court’s consolidation order, if granted, be
5 filed in the Perez Class Action and that no further documents or copies thereof need to be filed in that
6 action.
7
8 Dated: January ___,
10 2023 SAGASER, WATKINS & WIELAND PC
9
SAGASER, WATKINS & WIELAND PC
10 By:
Ian B. Wieland
11 Michael J. Conway
Attorneys for Defendant,
12 LA ROSA TORTILLA FACTORY, INC.,
5260 North Palm Avenue, Suite 400
a California corporation
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Telephone: (559) 421-7000
Fresno, California 93704
ATTORNEYS AT LAW
Dated: 5
January ___, 2023 WILSHIRE LAW FIRM
14
15
By:
16 Justin F. Marquez
Christina M. Le
17 Zachary D. Greenberg
Attorneys for Plaintiff,
18 SALVADOR VILLANUEVA
19 Dated: January ___,5 2023 MOON & YANG, APC
20
21 By:
Kane Moon
22 Allen Feghali
Attorneys for Plaintiff,
23 MARCO PEREZ
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JOINT STIPULATION TO CONSOLIDATE RELATED ACTIONS FOR ALL
PURPOSES; [PROPOSED] ORDER
016318.00002 - 440220.1
1 [PROPOSED] ORDER
2 Based on the stipulation of the Parties and for good cause appearing, the Court orders as
3 follows, pursuant to the Court’s authority under California Rules of Court, Rule 3.300 to relate cases,
4 and California Rules of Court, Rule 3.350 and California Code of Civil Procedure section 1048 to
5 consolidate cases:
6 1. The cases of Villanueva v. La Rosa Tortilla Factory, Inc. (Case No. 22CV00226) and
7 Perez v. La Rosa Tortilla Factory, Inc. (Case No. 22CV02684), are hereby ordered related and
8 consolidated for all purposes.
9 2. The lead case shall be the case of Villanueva v. La Rosa Tortilla Factory, Inc. (Case
SAGASER, WATKINS & WIELAND PC
10 No. 22CV00226). The Parties shall hereinafter use the lead case caption (case name and number) for
11 all future filings.
12 3. The Clerk of the Court is directed to file a copy of this Order in Perez v. La Rosa
5260 North Palm Avenue, Suite 400
13 Tortilla Factory, Inc. (Case No. 22CV02684), but no further documents or copies thereof need to be
Telephone: (559) 421-7000
Fresno, California 93704
ATTORNEYS AT LAW
14 filed in that action.
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16 Dated:
Judge of the Superior Court
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JOINT STIPULATION TO CONSOLIDATE RELATED ACTIONS FOR ALL
PURPOSES; [PROPOSED] ORDER
016318.00002 - 440220.1
1 PROOF OF SERVICE
(CODE CIV. PROC. § 1013A(3))
2
STATE OF CALIFORNIA, COUNTY OF FRESNO
3
I am employed in the County of Fresno, State of California. I am over the age of 18 years
4 and am not a party to the within action; my business address is 5260 North Palm Avenue, Suite 400,
Fresno, California 93704.
5
On January 10, 2023, I served the following document(s) described as Joint Stipulation to
6 Consolidate Related Actions for All Purposes; [Proposed] Order on the interested parties in
this action by placing a true copy thereof enclosed in sealed envelopes addressed as follows:
7
SEE ATTACHED SERVICE LIST
8
9 BY MAIL: I deposited such envelope in the mail at Fresno, California. The envelope(s)
was mailed with postage thereon fully prepaid. I am readily familiar with the firm’s
SAGASER, WATKINS & WIELAND PC
10 practice of collection and processing correspondence for mailing. It is deposited with
U.S. postal service on that same day in the ordinary course of business. I am aware that
11 on motion of party served, service is presumed invalid if postal cancellation date or
postage meter date is more than one day after date of deposit for mailing an affidavit.
12
5260 North Palm Avenue, Suite 400
BY OVERNIGHT COURIER: I sent such document(s) on January 5, 2023, by with
13
Telephone: (559) 421-7000
postage thereon fully prepaid at Fresno, California.
Fresno, California 93704
ATTORNEYS AT LAW
14 BY FAX: I sent such document by use of facsimile machine telephone number (559)
473-1483. Facsimile cover sheet and confirmation is attached hereto indicating the
15 recipients’ facsimile number and time of transmission pursuant to California Rules of
Court Rule 2.306. The facsimile machine I used complied with California Rules of Court
16 Rule 2.301(3) and no error was reported by the machine.
17 BY PERSONAL SERVICE: I placed the above document in a sealed envelope. I
caused said envelope to be handed to our messenger service to be delivered by hand to
18 the above address(es).
19 BY EMAIL: I sent such document by use of email to the email address(es) above.
(CCP § 1013(a)) Such document was scanned and emailed to such recipient and email
20 confirmation is attached hereto indicating the recipients’ email address and time of
receipt pursuant to CCP § 1013(a).
21
22 I declare under penalty of perjury under the laws of the State of California that the foregoing
is true and correct.
23
Executed on January 10, 2023, at Fresno, California.
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Faye M. Petrie
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PROOF OF SERVICE
016318.00002 - 440220.1
1 SERVICE LIST
2 Justin F. Marquez ATTORNEYS FOR PLAINTIFF
Christina M. Le
3 Zach Greenberg
WILSHIRE LAW FIRM
4 3055 Wilshire Blvd., 12th Floor
Los Angeles, California 90010
5 Telephone: (213) 381-9988
Facsimile: (213) 381-9989
6 justin@wilshirelawfirm.com;
cle@wilshirelawfirm.com;
7 zgreenberg@wilshirelawfirm.com;
minjee@wilshirelawfirm.com;
8 ssespene@wilshirelawfirm.com;
aalvarez@wilshirelawfirm.com
9
SAGASER, WATKINS & WIELAND PC
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*Agreed to E-Service on 3/4/22
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5260 North Palm Avenue, Suite 400
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Telephone: (559) 421-7000
Fresno, California 93704
ATTORNEYS AT LAW
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PROOF OF SERVICE
016318.00002 - 440220.1
Preview
1 Ian B. Wieland, State Bar No. 285721 Michael J. Conway, State Bar No. 322030 2 SAGASER, WATKINS & WIELAND, PC 5260 North Palm Avenue, Suite 400 3 Fresno, California 93704 Telephone: (559) 421-7000 4 Facsimile: (559) 473-1483 5 Attorneys for Defendant, LA ROSA TORTILLA FACTORY, INC., a California corporation 6 STATE OF CALIFORNIA 7 SUPERIOR COURT FOR THE COUNTY OF SANTA CRUZ 8 SALVADOR VILLANUEVA, individually, Case No.: 22CV00226 9 and on behalf of all others similarly situated, Plaintiff(s), JOINT STIPULATION TO SAGASER, WATKINS & WIELAND PC 10 v. CONSOLIDATE RELATED ACTIONS LA ROSA TORTILLA FACTORY, INC., a FOR ALL PURPOSES; [PROPOSED] 11 California corporation; and Does 1 through ORDER 10, inclusive, 12 Defendant(s). 5260 North Palm Avenue, Suite 400 13 Telephone: (559) 421-7000 Fresno, California 93704 ATTORNEYS AT LAW Complaint Filed: January 28, 2022 14 Trial Date: None Set 15 MARCO PEREZ, individually, and on behalf Case No.: 22CV02684 of all others similarly situated, 16 Plaintiff, Complaint Filed: December 6, 2022 v. Trial Date: None Set 17 LA ROSA TORTILLA FACTORY, INC., a California corporation; and Does 1 through 18 10, inclusive, Defendant(s). 19 TO THE HONORABLE COURT: 20 Plaintiffs Salvador Villanueva and Marco Perez (“Plaintiffs”) and Defendant La Rosa Tortilla 21 Factory, Inc. (“Defendant”) (collectively referred to as the “Parties”), by and through their respective 22 counsel of record, submit this Joint Stipulation to Consolidate Related Actions for All Purposes, and 23 hereby agree and stipulate as follows: 24 1. On or about January 28, 2022, Plaintiff Salvador Villanueva filed a class action 25 complaint in the Santa Cruz County Superior Court, Case No. 22CV00226 (the “Villanueva Class 26 Action”). On or about April 12, 2022, Plaintiff Salvador Villanueva filed a separate PAGA complaint 27 in the Santa Cruz County Superior Court, Case No. 22CV00748. On or about May 18, 2022, Plaintiff 28 1 JOINT STIPULATION TO CONSOLIDATE RELATED ACTIONS FOR ALL PURPOSES; [PROPOSED] ORDER 016318.00002 - 440220.1 1 filed a First Amended Class and Representative Action Complaint which incorporated Plaintiff 2 Salvador Villanueva’s PAGA claim into the Villanueva Class Action after the Court issued an Order 3 approving the Parties Joint Stipulation to File a First Amended Complaint. 4 2. On or about December 6, 2022, Plaintiff Marco Perez filed a class action complaint in 5 the Santa Cruz County Superior Court, Case No. 22CV02684 (“Perez Class Action”). Plaintiff Perez 6 also intends to amend the complaint to assert a PAGA cause of action. 7 3. The Villanueva Class Action and Perez Class Action all allege similar wage and hour 8 claims on behalf of the named plaintiffs in the action, as well as other similarly situated and/or alleged 9 aggrieved employees. SAGASER, WATKINS & WIELAND PC 10 4. The Villanueva Class Action and the Perez Class Action are related under California 11 Rules of Court, Rule 3.300 and should be consolidated pursuant to California Code of Civil Procedure 12 section 1048 and California Rules of Court, Rule 3.350 for all purposes. 5260 North Palm Avenue, Suite 400 13 5. The Parties agree that the Court should issue an order consolidating the Villanueva Telephone: (559) 421-7000 Fresno, California 93704 ATTORNEYS AT LAW 14 Class Action, and the Perez Class Action for all purposes because (1) the cases involve the same 15 parties; (2) the cases are based on the same or similar representative and/or class claims for alleged 16 wage and hour violations; (3) the cases arise from the same or substantially identical questions of law 17 or fact; (4) the Parties believe that there will be a significant overlap in discovery, witnesses, and 18 evidence and that it would benefit the Parties and the judicial system to have all claims brought by 19 Plaintiffs against Defendants in a single action; and (5) the Parties believe that consolidation will 20 further the interests of the Parties and judicial economy. Further, the Parties have settled, in principle, 21 all actions, and are in the process of finalizing a Memorandum of Understanding regarding settlement 22 and, thereafter, intend to draft and execute a long form settlement agreement for purposes of seeking 23 Court approval for the same. The Parties believe that it will serve the interests of judicial economy to 24 seek approval in a consolidated action, versus seeking approval in two separate actions. 25 6. The Parties agree that the Villanueva Class Action and the Perez Class Action should 26 be ordered to be consolidated in the Villanueva Class Action (22CV00226), resulting in the 27 Villanueva Class Action being the lead case. 28 2 JOINT STIPULATION TO CONSOLIDATE RELATED ACTIONS FOR ALL PURPOSES; [PROPOSED] ORDER 016318.00002 - 440220.1 1 7. Based on the foregoing, the Parties respectfully request this Court to enter an order 2 consolidating the Villanueva Class Action and the Perez Class Action for all purposes and ordering 3 that the Villanueva Class Action (22CV00226) be the lead case. 4 8. The Parties also request that a copy of the Court’s consolidation order, if granted, be 5 filed in the Perez Class Action and that no further documents or copies thereof need to be filed in that 6 action. 7 8 Dated: January ___, 10 2023 SAGASER, WATKINS & WIELAND PC 9 SAGASER, WATKINS & WIELAND PC 10 By: Ian B. Wieland 11 Michael J. Conway Attorneys for Defendant, 12 LA ROSA TORTILLA FACTORY, INC., 5260 North Palm Avenue, Suite 400 a California corporation 13 Telephone: (559) 421-7000 Fresno, California 93704 ATTORNEYS AT LAW Dated: 5 January ___, 2023 WILSHIRE LAW FIRM 14 15 By: 16 Justin F. Marquez Christina M. Le 17 Zachary D. Greenberg Attorneys for Plaintiff, 18 SALVADOR VILLANUEVA 19 Dated: January ___,5 2023 MOON & YANG, APC 20 21 By: Kane Moon 22 Allen Feghali Attorneys for Plaintiff, 23 MARCO PEREZ 24 25 26 27 28 3 JOINT STIPULATION TO CONSOLIDATE RELATED ACTIONS FOR ALL PURPOSES; [PROPOSED] ORDER 016318.00002 - 440220.1 1 [PROPOSED] ORDER 2 Based on the stipulation of the Parties and for good cause appearing, the Court orders as 3 follows, pursuant to the Court’s authority under California Rules of Court, Rule 3.300 to relate cases, 4 and California Rules of Court, Rule 3.350 and California Code of Civil Procedure section 1048 to 5 consolidate cases: 6 1. The cases of Villanueva v. La Rosa Tortilla Factory, Inc. (Case No. 22CV00226) and 7 Perez v. La Rosa Tortilla Factory, Inc. (Case No. 22CV02684), are hereby ordered related and 8 consolidated for all purposes. 9 2. The lead case shall be the case of Villanueva v. La Rosa Tortilla Factory, Inc. (Case SAGASER, WATKINS & WIELAND PC 10 No. 22CV00226). The Parties shall hereinafter use the lead case caption (case name and number) for 11 all future filings. 12 3. The Clerk of the Court is directed to file a copy of this Order in Perez v. La Rosa 5260 North Palm Avenue, Suite 400 13 Tortilla Factory, Inc. (Case No. 22CV02684), but no further documents or copies thereof need to be Telephone: (559) 421-7000 Fresno, California 93704 ATTORNEYS AT LAW 14 filed in that action. 15 16 Dated: Judge of the Superior Court 17 18 19 20 21 22 23 24 25 26 27 28 4 JOINT STIPULATION TO CONSOLIDATE RELATED ACTIONS FOR ALL PURPOSES; [PROPOSED] ORDER 016318.00002 - 440220.1 1 PROOF OF SERVICE (CODE CIV. PROC. § 1013A(3)) 2 STATE OF CALIFORNIA, COUNTY OF FRESNO 3 I am employed in the County of Fresno, State of California. I am over the age of 18 years 4 and am not a party to the within action; my business address is 5260 North Palm Avenue, Suite 400, Fresno, California 93704. 5 On January 10, 2023, I served the following document(s) described as Joint Stipulation to 6 Consolidate Related Actions for All Purposes; [Proposed] Order on the interested parties in this action by placing a true copy thereof enclosed in sealed envelopes addressed as follows: 7 SEE ATTACHED SERVICE LIST 8 9 BY MAIL: I deposited such envelope in the mail at Fresno, California. The envelope(s) was mailed with postage thereon fully prepaid. I am readily familiar with the firm’s SAGASER, WATKINS & WIELAND PC 10 practice of collection and processing correspondence for mailing. It is deposited with U.S. postal service on that same day in the ordinary course of business. I am aware that 11 on motion of party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing an affidavit. 12 5260 North Palm Avenue, Suite 400 BY OVERNIGHT COURIER: I sent such document(s) on January 5, 2023, by with 13 Telephone: (559) 421-7000 postage thereon fully prepaid at Fresno, California. Fresno, California 93704 ATTORNEYS AT LAW 14 BY FAX: I sent such document by use of facsimile machine telephone number (559) 473-1483. Facsimile cover sheet and confirmation is attached hereto indicating the 15 recipients’ facsimile number and time of transmission pursuant to California Rules of Court Rule 2.306. The facsimile machine I used complied with California Rules of Court 16 Rule 2.301(3) and no error was reported by the machine. 17 BY PERSONAL SERVICE: I placed the above document in a sealed envelope. I caused said envelope to be handed to our messenger service to be delivered by hand to 18 the above address(es). 19 BY EMAIL: I sent such document by use of email to the email address(es) above. (CCP § 1013(a)) Such document was scanned and emailed to such recipient and email 20 confirmation is attached hereto indicating the recipients’ email address and time of receipt pursuant to CCP § 1013(a). 21 22 I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. 23 Executed on January 10, 2023, at Fresno, California. 24 25 Faye M. Petrie 26 27 28 PROOF OF SERVICE 016318.00002 - 440220.1 1 SERVICE LIST 2 Justin F. Marquez ATTORNEYS FOR PLAINTIFF Christina M. Le 3 Zach Greenberg WILSHIRE LAW FIRM 4 3055 Wilshire Blvd., 12th Floor Los Angeles, California 90010 5 Telephone: (213) 381-9988 Facsimile: (213) 381-9989 6 justin@wilshirelawfirm.com; cle@wilshirelawfirm.com; 7 zgreenberg@wilshirelawfirm.com; minjee@wilshirelawfirm.com; 8 ssespene@wilshirelawfirm.com; aalvarez@wilshirelawfirm.com 9 SAGASER, WATKINS & WIELAND PC 10 11 *Agreed to E-Service on 3/4/22 12 5260 North Palm Avenue, Suite 400 13 Telephone: (559) 421-7000 Fresno, California 93704 ATTORNEYS AT LAW 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PROOF OF SERVICE 016318.00002 - 440220.1