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1 Larry W. Lee (State Bar No. 228175)
Max W. Gavron (State Bar No. 291697)
2 DIVERSITY LAW GROUP, P.C.
3 515 S. Figueroa Street, Suite 1250
Los Angeles, CA 90071
4 (213) 488-6555
(213) 488-6554 facsimile
5 lwlee@diversitylaw.com
6 mgavron@diversitylaw.com
7 William L. Marder (State Bar No. 170131)
Polaris Law Group
8 501 San Benito Street, Suite 200
9 Hollister, CA 95023
(831) 531-4214
10 (831) 634-0333 facsimile
bill@polarislawgroup.com
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12 Attorneys for Plaintiff and the Class
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SUPERIOR COURT OF THE STATE OF CALIFORNIA
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FOR THE COUNTY OF SANTA BARBARA
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16 VICTORIA TICE, as an individual and on Case No. 20CV00892
behalf of all others similarly situated,
17 [Assigned to the Honorable Thomas P. Anderle,
Plaintiff, Department 3]
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19 vs. DECLARATION OF LARRY W. LEE IN
SUPPORT OF PLAINTIFF’S MOTION
20 TRADER JOE’S COMPANY, a California FOR PRELIMINARY APPROVAL OF
corporation; and DOES 1 through 50, CLASS ACTION SETTLEMENT
21 inclusive,
22 Date: April 19, 2023
Defendants. Time: 10:00 A.M.
23 Dept.: 3
24 Complaint Filed: February 14, 2020
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DECLARATION OF LARRY W. LEE IN SUPPORT OF PLAINTIFF’S MOTION FOR PRELIMINARY APPROVAL
OF CLASS ACTION SETTLEMENT
1 DECLARATION OF LARRY W. LEE
2 I, Larry W. Lee, declare as follows:
3 1. I am an attorney at law, duly licensed to practice before all Courts in the State of
4 California, and am with the law firm Diversity Law Group, counsel of record for Named Plaintiff
5 Victoria Tice (“Plaintiff”). I have personal knowledge of the facts set forth below and if called to
6 testify I could and would do so competently.
7 2. From the inception of the case, Class Counsel has zealously represented the
8 interests of the Class. Class Counsel engaged in significant discovery and discussions with
9 opposing counsel to obtain documents and data on behalf of the Class. This settlement was
10 obtained for the benefit of the Class, as opposed to the individual Class Representative.
11 3. I have spent significant time researching and pursuing the claims that have been
12 alleged in this action. The Parties engaged in written discovery, as well as informal discovery in
13 connection with mediation, and participated in the exchange of class data and Defendant’s
14 pertinent policies and practices. Based on my review of all the documents and information, and
15 based on my experience in class action litigation, I believe this settlement to be fair, adequate,
16 and reasonable.
17 4. I was retained based upon a contingency fee arrangement wherein Plaintiff’s
18 counsel agreed to advance all costs and receive no fee unless a recovery was accomplished.
19 Specifically, had Plaintiff failed to prevail in this case, counsel for Plaintiff would have spent a
20 significant amount of time, money and other resources without any benefit or return. In addition,
21 had Plaintiff also failed to prevail in the present case, Defendant would have been able to seek
22 costs in connection with their defense of the case.
23 5. I am one of the primary attorneys on this matter. My qualifications are as follows:
24 I received my J.D. from Arizona State University College of Law in 2003. During law school, I
25 was a summer associate at the law firm of Brobeck, Phleger & Harrison. I graduated cum laude
26 from Arizona State University College of Law in the top 10% of my class. While I was in law
27 school, I was the Associate Managing Editor of the Arizona State University College of Law,
28 Law Journal. Upon graduation, I practiced law as an associate at the Los Angeles County offices
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DECLARATION OF LARRY W. LEE IN SUPPORT OF PLAINTIFF’S MOTION FOR PRELIMINARY APPROVAL
OF CLASS ACTION SETTLEMENT
1 of Ogletree Deakins Nash Smoak & Stewart, P.C., a national employment defense law firm that
2 represents a significant number of Fortune 500 companies.
3 6. My firm’s primary focus is employment law. I have handled a number of wage
4 and hour matters including class actions and multiple-plaintiff actions. I have a practice that
5 encompasses cases in the Los Angeles Superior Court, the Orange County Superior Court, Santa
6 Clara Superior Court, Monterey Superior Court, Sonoma Superior Court, San Francisco County
7 Superior Court, the San Diego County Superior Court, and the United States District Courts for
8 the Central, Eastern, Southern, and Northern Districts of California.
9 7. I have been approved as Class Counsel in a number of class actions, including but
10 not limited to Chan-Lanier v. Citibank (Case No. CGC-050445143); Hernandez v. CVS
11 Pharmacy, Inc. (Judicial Council Coordination Proceeding No. 4539), Tse v. Best Buy Co, Inc.
12 (Case Number BC393717), Ortega v. AIG, Inc. (Case Number CV 06-196-RSWL (PJWx)), and
13 Castro v. UPS Freight, Inc. (Case Number CV 08-4898 ODW (CWx)), and Chavez v. PVH
14 (Case No. C 13-01797 LHK).
15 8. In addition, I was certified as class counsel by the United States District Court,
16 Central District of California in the cases Abdullah v. U.S. Security (Case Number CV 09-09554
17 GHK), Avilez v. Pinkerton Government Services, Inc. (Case Number SACV 11-0493-DOC),
18 Dynabursky v. Allied Barton Security Services (Case Number SACV 12-02210 JST); and Pace v.
19 Petsmart, Inc. (Case Number SACV 13-500-DOC); by the Northern District of California in the
20 cases of Harris v. Vector Marketing Corp., (Case Number CV 08 5198 EMC), and Lemus et al.
21 v. H&R Block Enterprises, LLC (Case Number CV-09-03179-SI); and by the Superior Court of
22 California, Orange County in the cases of De la Cruz v. Abercrombie & Fitch Co. et al. (Case
23 Number 30-2007-00036240) and Wu v. General Nutrition Corporation (Case Number 30-2012-
24 00593759), all as part of the Courts’ orders granting class certification pursuant to Rule 23 of the
25 FRCP and California Code of Civil Procedure § 382. I served as lead counsel on these cases.
26 9. My co-counsel and I will adequately represent the Class Members in this action.
27 Class Counsel has and will zealously represent Plaintiff and the Class and pursue this lawsuit to
28 its conclusion.
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DECLARATION OF LARRY W. LEE IN SUPPORT OF PLAINTIFF’S MOTION FOR PRELIMINARY APPROVAL
OF CLASS ACTION SETTLEMENT
1 10. I do not have a relationship with State Bar Justice Gap Fund, nor am I aware of
2 any relationship between Class Counsel and State Bar Justice Gap Fund.
3 I declare under penalty of perjury under the laws of the State of California that the
4 foregoing is true and correct.
5 Executed on this 13th day of March 2023, at Los Angeles, California.
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7 Larry W. Lee
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DECLARATION OF LARRY W. LEE IN SUPPORT OF PLAINTIFF’S MOTION FOR PRELIMINARY APPROVAL
OF CLASS ACTION SETTLEMENT
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1 Larry W. Lee (State Bar No. 228175) Max W. Gavron (State Bar No. 291697) 2 DIVERSITY LAW GROUP, P.C. 3 515 S. Figueroa Street, Suite 1250 Los Angeles, CA 90071 4 (213) 488-6555 (213) 488-6554 facsimile 5 lwlee@diversitylaw.com 6 mgavron@diversitylaw.com 7 William L. Marder (State Bar No. 170131) Polaris Law Group 8 501 San Benito Street, Suite 200 9 Hollister, CA 95023 (831) 531-4214 10 (831) 634-0333 facsimile bill@polarislawgroup.com 11 12 Attorneys for Plaintiff and the Class 13 SUPERIOR COURT OF THE STATE OF CALIFORNIA 14 FOR THE COUNTY OF SANTA BARBARA 15 16 VICTORIA TICE, as an individual and on Case No. 20CV00892 behalf of all others similarly situated, 17 [Assigned to the Honorable Thomas P. Anderle, Plaintiff, Department 3] 18 19 vs. DECLARATION OF LARRY W. LEE IN SUPPORT OF PLAINTIFF’S MOTION 20 TRADER JOE’S COMPANY, a California FOR PRELIMINARY APPROVAL OF corporation; and DOES 1 through 50, CLASS ACTION SETTLEMENT 21 inclusive, 22 Date: April 19, 2023 Defendants. Time: 10:00 A.M. 23 Dept.: 3 24 Complaint Filed: February 14, 2020 25 26 27 28 1 DECLARATION OF LARRY W. LEE IN SUPPORT OF PLAINTIFF’S MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT 1 DECLARATION OF LARRY W. LEE 2 I, Larry W. Lee, declare as follows: 3 1. I am an attorney at law, duly licensed to practice before all Courts in the State of 4 California, and am with the law firm Diversity Law Group, counsel of record for Named Plaintiff 5 Victoria Tice (“Plaintiff”). I have personal knowledge of the facts set forth below and if called to 6 testify I could and would do so competently. 7 2. From the inception of the case, Class Counsel has zealously represented the 8 interests of the Class. Class Counsel engaged in significant discovery and discussions with 9 opposing counsel to obtain documents and data on behalf of the Class. This settlement was 10 obtained for the benefit of the Class, as opposed to the individual Class Representative. 11 3. I have spent significant time researching and pursuing the claims that have been 12 alleged in this action. The Parties engaged in written discovery, as well as informal discovery in 13 connection with mediation, and participated in the exchange of class data and Defendant’s 14 pertinent policies and practices. Based on my review of all the documents and information, and 15 based on my experience in class action litigation, I believe this settlement to be fair, adequate, 16 and reasonable. 17 4. I was retained based upon a contingency fee arrangement wherein Plaintiff’s 18 counsel agreed to advance all costs and receive no fee unless a recovery was accomplished. 19 Specifically, had Plaintiff failed to prevail in this case, counsel for Plaintiff would have spent a 20 significant amount of time, money and other resources without any benefit or return. In addition, 21 had Plaintiff also failed to prevail in the present case, Defendant would have been able to seek 22 costs in connection with their defense of the case. 23 5. I am one of the primary attorneys on this matter. My qualifications are as follows: 24 I received my J.D. from Arizona State University College of Law in 2003. During law school, I 25 was a summer associate at the law firm of Brobeck, Phleger & Harrison. I graduated cum laude 26 from Arizona State University College of Law in the top 10% of my class. While I was in law 27 school, I was the Associate Managing Editor of the Arizona State University College of Law, 28 Law Journal. Upon graduation, I practiced law as an associate at the Los Angeles County offices 2 DECLARATION OF LARRY W. LEE IN SUPPORT OF PLAINTIFF’S MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT 1 of Ogletree Deakins Nash Smoak & Stewart, P.C., a national employment defense law firm that 2 represents a significant number of Fortune 500 companies. 3 6. My firm’s primary focus is employment law. I have handled a number of wage 4 and hour matters including class actions and multiple-plaintiff actions. I have a practice that 5 encompasses cases in the Los Angeles Superior Court, the Orange County Superior Court, Santa 6 Clara Superior Court, Monterey Superior Court, Sonoma Superior Court, San Francisco County 7 Superior Court, the San Diego County Superior Court, and the United States District Courts for 8 the Central, Eastern, Southern, and Northern Districts of California. 9 7. I have been approved as Class Counsel in a number of class actions, including but 10 not limited to Chan-Lanier v. Citibank (Case No. CGC-050445143); Hernandez v. CVS 11 Pharmacy, Inc. (Judicial Council Coordination Proceeding No. 4539), Tse v. Best Buy Co, Inc. 12 (Case Number BC393717), Ortega v. AIG, Inc. (Case Number CV 06-196-RSWL (PJWx)), and 13 Castro v. UPS Freight, Inc. (Case Number CV 08-4898 ODW (CWx)), and Chavez v. PVH 14 (Case No. C 13-01797 LHK). 15 8. In addition, I was certified as class counsel by the United States District Court, 16 Central District of California in the cases Abdullah v. U.S. Security (Case Number CV 09-09554 17 GHK), Avilez v. Pinkerton Government Services, Inc. (Case Number SACV 11-0493-DOC), 18 Dynabursky v. Allied Barton Security Services (Case Number SACV 12-02210 JST); and Pace v. 19 Petsmart, Inc. (Case Number SACV 13-500-DOC); by the Northern District of California in the 20 cases of Harris v. Vector Marketing Corp., (Case Number CV 08 5198 EMC), and Lemus et al. 21 v. H&R Block Enterprises, LLC (Case Number CV-09-03179-SI); and by the Superior Court of 22 California, Orange County in the cases of De la Cruz v. Abercrombie & Fitch Co. et al. (Case 23 Number 30-2007-00036240) and Wu v. General Nutrition Corporation (Case Number 30-2012- 24 00593759), all as part of the Courts’ orders granting class certification pursuant to Rule 23 of the 25 FRCP and California Code of Civil Procedure § 382. I served as lead counsel on these cases. 26 9. My co-counsel and I will adequately represent the Class Members in this action. 27 Class Counsel has and will zealously represent Plaintiff and the Class and pursue this lawsuit to 28 its conclusion. 3 DECLARATION OF LARRY W. LEE IN SUPPORT OF PLAINTIFF’S MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT 1 10. I do not have a relationship with State Bar Justice Gap Fund, nor am I aware of 2 any relationship between Class Counsel and State Bar Justice Gap Fund. 3 I declare under penalty of perjury under the laws of the State of California that the 4 foregoing is true and correct. 5 Executed on this 13th day of March 2023, at Los Angeles, California. 6 ________________________________ 7 Larry W. Lee 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 DECLARATION OF LARRY W. LEE IN SUPPORT OF PLAINTIFF’S MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT