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DAVID YEREMIAN & ASSOCIATES, INC.
David Yeremian (SBN 226337)
david@yeremianlaw.com
Roman Shkodnik (SBN 285152)
roman@yereinianlaw.com
2540 Foothill Blvd., Suite 201
La Crescenta, Califomia 91214
Telephone: (818) 230-8380
Facsimile: (818) 230-0308
UNITED EMPLOYEES LAW GROUP, PC
Walter Haines (SBN 71075)
whaines@uelg.com
4276 Katella Avenue, #301
Los Alamitos, CA 90720
Telephone: (562) 256-1047
Facsimile: (562) 256-1006
10 Attomeys for Plaintiff Chia Xiong,
on behalf of herself and all others similarly situated
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SUPERIOR COURT OF THE STATE OF CALIFORNIA
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FOR THE COUNTY OF SACRAMENTO
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CHIA XIONG, an individual, on behalf of Case No.: 34-2020-00278650
15 herself and others similarly situated,
Hon. Lauri A. Damrell
16 Plaintiff, Dept: 28
17 vs. PLAINTIFF'S REQUEST FOR
DISMISSAL OF INDIVIDUAL CLAIMS
18 TGC ENTERPRISES, INC., a Califomia WITH PREJUDICE, AND CLASS AND
corporation; and DOES 1 through 50, REPRESENTATIVE CLAIMS WITHOUT
19 inclusive, PREJUDICE; DECLARATION OF
ROMAN SHKODNIK IN SUPPORT
20 Defendants. THEREOF; [PROPOSED] ORDER
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PLAINTIFF'S REQUEST FOR DISMISSAL; SHKODNIK DECLARATION; [PROPOSED] ORDER
1 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
2 Plaintiff Chia Xiong ("Plaintiff') hereby requests that the above-titled action be dismissed
3 with prejudice as to PlaintiflPs individual claims, and without prejudice as to the claims of any
4 unnamed putative class members and Aggrieved Employees under Labor Code § 2699, etseq.,
5 and approve PlaintifPs individual settlement. Plaintiff also requests that the Court order this
6 matter dismissed without notice to the unnamed putative class members and Aggrieved
7 Employees under Califomia Rule of Court 3.770(c).
8 Defendant TGC Enterprises, Inc., a Califomia corporation does not oppose this Request for
9 Dismissal. Plaintiff submits the Declaration of Roman Shkodnik in support of the request for
10 dismissal pursuant to Califomia Rules of Coiut, Rule 3.770.
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Dated: Januaiy 25,2023 DAVID YEREML\N & ASSOCIATES, INC.
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)avid Yeremian
15 Roman Shkodnik
Attomeys for Plaintiff CHIA XIONG, on behalf of
16 herself and all others similarly situated
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PLAINTIFF'S REQUEST FOR DISMISSAL; SHKODNIK DECLARATION; [PROPOSED] ORDER
1 DECLARATION OF ROMAN SHKODIMIK
2 1, Roman Shkodnik, declare:
3 1. I am an associate attomey of David Yeremian & Associates, Inc., attomey of record
4 for Plaintiff Chia Xiong ("Plaintiff') in this action. I have personal knowledge of the facts herein.
5 If called as a witness, I could and would conq)etently testify to those facts under oath.
6 2/ Plaintiff commenced this class action against Defendant TGC Enterprises, Inc., a
7 Califomia corporation ( "Defendant") on May 14, 2020 alleging wage and hour claims. On July
8 22,2020, Plaiatiff amended her Complaint to add a claim under the Private Attomey General Act
9 ("PAGA").
10 3. On Januaiy 25,2023, Plaintiff and Defendant agreed to settie PlaintifiTs individual
11 wage and hour claims. As a result of informal discovery Plaintiff learned Defendant was having
12 financial difGculties. In light of the foregomg, Plaintiff chose to pursue settlement of her
13 individual claims and no longer desired to serve as the class representative.
14 4. The parties then agreed to pursue a settlement of PlaintifTs individual claims.
15 Through lengthy discussions witii Defendant's counsel, Plaintiff and Defendant agieed to settle'
16 PlaintifTs individual claims only for consideration.
17 5. While Califomia Rule of Court 3.770 requires that the parties disclose the
18 consideration given, the parties' confidential settiement agreement prevents themfix>mdoing so.
19 However, the parties have agreed to provide a hard copy of the agreement for the Court's ih
20 chambers review to the extent the Court finds such a hearing necessary.
21 6. , There is no other compensation of any kind being paid pursuant to the settlement.
22 Plaintiff requests dismissal of his individual claims with prejudice.
23 7. Attorney's fees payable from this settlement amount to our office in no way
24 undermined ourfiduciaryduties to the putative class or Aggrieved Employees. Defendant has not
25 ofifered, nor has Plaintiff received, any direct or indirect consideration for Plaintiff to dismiss the
26 class action and representative claim.
27 8. On January 25,2023 Plaintiff's counsel submitted notice of Plaintiff'srequestfor
28 dismissal of the representative claims. Exhibit 1 is attueand correct copy of the notice to the
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PLAINTIFF'S REQUEST FOR DISMISSAL; SHKODNIK DECLARATION; [PROPOSED] ORDER
1 Califomia Labor Workforce and Development Agency of Plaintiffs request for dismissal of the
2 representative claims sent on January 25,2023.
3 9. Plaintiffhas not served notice on the unnamed class members or Aggrieved
4 Employees and Plaintiffs counsel is unaware of anyone who has relied upon the existence of this
5 action in Heu of pursuit of their individual or class claims against Defendant. Plaiintififhas abo not
6 filed a motion for class certification, and the dismissal of Plaintiff s class and representative
7 claims without prejudice will not result in prejudice to any of the unnamed putative class members
8 or Aggrieved Employees. Therefore, Plaintiffs counsel requests that the Court ordertiiismatter to
9 be dismissed without notice to the unnamed putative class members uiidier Califomia Rule of
10 Court 3.770(c). Attached is a [Proposed] Order Re: Dismissal of Class Action.
11 I declare under penalty of perjury under the laws of the State of Califomia that the above is
12 tme and correct. Executed this 25''' day of January, 2023, at La Crescenta, California.
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Roman Shkodnik
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PLAINTIFF'S REQUEST FOR DISMISSAL; SHKODNIK DECLARATION; [PROPOSED] ORDER
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6 SUPERIOR COURT OF THE STATE OF CALIFORNL\
7 FOR THE GOU^JTY OF SACRAMENTO
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CHIA XIONG, an individual, on behalf of Case No.: 34-2020-00278650
10 herself and others similarly situated.
Hon. Lauri A. Damrell
11 Plaintiffs, Dept: 28
12 vs. [PROPOSED] ORDER RE: DISMISSAL
OF CLASS AND REPRESENTATIVE
13 TGC ENTERPRISES, INC., a Califomia CLAIMS
corporation; and DOES 1 through 50,
14 inclusive,
15 Defendants.
16 Based on Plaintiff Chia Xiong's Request for Dismissal and the Declaration of Roman -
17 Shkodnik in support thereof, the Court hereby approvestiiesettlement and dismissal of Plaintiffs
18 individual claims with prejudice and orders the above-titled action dismissed without prejudice as
19 totileclaims of the unnamed putative class members and Aggrieved Employees.
20 The Courtfindsthat dismissal without notice will not prejudice the unnamed putative class
21 members £md therefore, pursuant to Califomia Rule of Court 3.770(c), the action may be
22 dismissed without notice to the unnamed putative class members.
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24 IT IS SO ORDERED.
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Dated:
26 HON. LAURI A. DAMRELL
27 JUDGE OF THE SUPERIOR COURT
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PLAINTIFF'S REQUEST FOR DISMISSAL; SHKODNIK DECLARATION; [PROPOSED] ORDER
EXHIBIT 1
Natalia Bermudes
From: DIR PAGA Unit
Sent: Wednesday, January 25,2023 5:02 PM
To: Natalia Bemiudes
Subject: Thank you for your Other Response or Document Submission
01/25/2023 05:01:56 PM
Thank you for your submission to the Labor and Workforce Development Agency.
Item submitted: Other Response or Document Submission If you have questions or concerns regarding this
submission or your case, please send an email to pagainfo@dir.ca.gov.
DIR PAGA Unit on behalf of
Labor and Workforce Development Agency
Website: http://labor.ca.gov/Private_Attorneys_General_Act.htm
S:c::? n t C c ; : ;o,-;iir.
•.' • Labor a n d W o r k f o r c e D e v e i o o r i i e h t Agency /
Deoariri-ieiTi of I n d u i l r i a l . R e l a t i o n s
Private Attomeys General Act (PAG/^ - Filing
Other Document
PAGA Number (LWDA-CM-): • 786571-20
Please enter only the eight digit number after "LWDA-CM-" In the following format. "XXXXXX-XX".
Search for PACA Case number
r Your Information (Person Who is Filing)
Your First Name * Your Last Name * Your Email Address
I David Yeremian natalia@yeremianlaw.com
Your Street Name, Number and Suite/Apt * Your Mobile Phone Number
12540 Foothill Blvd., Suite : 8182308380
Your Qty * Your Work Phone Number
La Crescenta
Your State*
I Califomia v» |
Your Zip/Postal Code *
;91214
Documents
Other Document *
Choose Re Req for Dismi...]0 (Xiong).pdf
Other Attachment Of any)
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Add Another Attachment
Should you have questions regarding this online form, please contact PAGAInfbfi)dir.ca.gov
IMPORTANT NOTICE OF REDACTION RESPONSIBILITY: All filers must redact: Social
Security or taxpayer Identification numbers; personal addresses, personal telephone
numbers, personal email addresses, dates of birth; names of minor children; &
financial account numbers. This requirement applies to all documents, including
attachments.
QI understand that, If I file, I must comply with the redaaion rules
consistent with this notice.
Previous Page Submit
PROOF OF SERVICE
STATE OF CALIFORNIA, COUNTY OF LOS ANGELES:
3 I am employed in the aforesaid county, State of Califomia; I am over the age of 18 years
and not a party to the within action; my business address is 2540 Foothill Blvd., Suite 201, La
4 Crescenta, CA 91214.
On Januaiy 25,2023,1 served the foregoing: PLAINTIFF'S REQUEST FOR
DISMISSAL OF INDIVIDUAL CLAIMS WITH PREJUDICE, AND CLASS AND
REPRESENTATIVE CLAIMS WITHOUT PREJUDICE; DECLARATION OF ROMAN
SHKODNIK EV SUPPORT THEREOF; [PROPOSED] ORDER on Interested Parties in this
action by placing a tme copy thereof, enclosed in a sealed envelope, addressed as follows:
8 Erica Rosasco
erica@mckaguerosasco.com
9 ROSASCO LAW GROUP, APC
1217 Pleasant Grove Blvd., Ste. 120
10 Roseville, CA 95678
11 [X] (BY MAIL) I placed such envelope with postage thereon fully paid in the United States
mail at La Cresceni^ Califomia. I am "readily familiar" with this firm's practice of collecting
12 and processsing coirespondence for mailing. It is deposited with U.S. Postal Service on that same
day in the ordinary course of business. I am aware that on motion of party served, service is
13 presumed invalid if postal cancellation date or postage meter date is more than 1 day after date of
deposit for mailing in affidavit.
14
[X] (COURTESY COPY BY ELECTRONIC TRANSMISSION) by use of email by
15 scanning the documents and any and all documents and emailing them to email addresses above.
16 [ ] (BY OVERNIGHT DELIVERY) I enclosed the dociunents in an envelope or package
provided by an overnight delivery earner and addressed to the persons at the address above. I
17 placed the envelope or package for collection and overnight deliveiy at an o£Qce or a regularly
utilized drop box of the overnight delivery carrier.
18
PCJ (STATE) I certify (or declare) under penalty of perjury under the laws of the State of
19 Califomia that the fofegoiiig is trae and correct.
20 Executed on January 25, 2023, at La Crescenta, Califomia.
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Natalia Bermudes
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Preview
DAVID YEREMIAN & ASSOCIATES, INC. David Yeremian (SBN 226337) david@yeremianlaw.com Roman Shkodnik (SBN 285152) roman@yereinianlaw.com 2540 Foothill Blvd., Suite 201 La Crescenta, Califomia 91214 Telephone: (818) 230-8380 Facsimile: (818) 230-0308 UNITED EMPLOYEES LAW GROUP, PC Walter Haines (SBN 71075) whaines@uelg.com 4276 Katella Avenue, #301 Los Alamitos, CA 90720 Telephone: (562) 256-1047 Facsimile: (562) 256-1006 10 Attomeys for Plaintiff Chia Xiong, on behalf of herself and all others similarly situated 11 12 SUPERIOR COURT OF THE STATE OF CALIFORNIA 13 FOR THE COUNTY OF SACRAMENTO 14 CHIA XIONG, an individual, on behalf of Case No.: 34-2020-00278650 15 herself and others similarly situated, Hon. Lauri A. Damrell 16 Plaintiff, Dept: 28 17 vs. PLAINTIFF'S REQUEST FOR DISMISSAL OF INDIVIDUAL CLAIMS 18 TGC ENTERPRISES, INC., a Califomia WITH PREJUDICE, AND CLASS AND corporation; and DOES 1 through 50, REPRESENTATIVE CLAIMS WITHOUT 19 inclusive, PREJUDICE; DECLARATION OF ROMAN SHKODNIK IN SUPPORT 20 Defendants. THEREOF; [PROPOSED] ORDER 21 22 23 24 25 26 27 IS PLAINTIFF'S REQUEST FOR DISMISSAL; SHKODNIK DECLARATION; [PROPOSED] ORDER 1 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: 2 Plaintiff Chia Xiong ("Plaintiff') hereby requests that the above-titled action be dismissed 3 with prejudice as to PlaintiflPs individual claims, and without prejudice as to the claims of any 4 unnamed putative class members and Aggrieved Employees under Labor Code § 2699, etseq., 5 and approve PlaintifPs individual settlement. Plaintiff also requests that the Court order this 6 matter dismissed without notice to the unnamed putative class members and Aggrieved 7 Employees under Califomia Rule of Court 3.770(c). 8 Defendant TGC Enterprises, Inc., a Califomia corporation does not oppose this Request for 9 Dismissal. Plaintiff submits the Declaration of Roman Shkodnik in support of the request for 10 dismissal pursuant to Califomia Rules of Coiut, Rule 3.770. 11 Dated: Januaiy 25,2023 DAVID YEREML\N & ASSOCIATES, INC. 12 13 14 )avid Yeremian 15 Roman Shkodnik Attomeys for Plaintiff CHIA XIONG, on behalf of 16 herself and all others similarly situated 17 18 19 20 21 22 23 24 25 26 27 28 •2- PLAINTIFF'S REQUEST FOR DISMISSAL; SHKODNIK DECLARATION; [PROPOSED] ORDER 1 DECLARATION OF ROMAN SHKODIMIK 2 1, Roman Shkodnik, declare: 3 1. I am an associate attomey of David Yeremian & Associates, Inc., attomey of record 4 for Plaintiff Chia Xiong ("Plaintiff') in this action. I have personal knowledge of the facts herein. 5 If called as a witness, I could and would conq)etently testify to those facts under oath. 6 2/ Plaintiff commenced this class action against Defendant TGC Enterprises, Inc., a 7 Califomia corporation ( "Defendant") on May 14, 2020 alleging wage and hour claims. On July 8 22,2020, Plaiatiff amended her Complaint to add a claim under the Private Attomey General Act 9 ("PAGA"). 10 3. On Januaiy 25,2023, Plaintiff and Defendant agreed to settie PlaintifiTs individual 11 wage and hour claims. As a result of informal discovery Plaintiff learned Defendant was having 12 financial difGculties. In light of the foregomg, Plaintiff chose to pursue settlement of her 13 individual claims and no longer desired to serve as the class representative. 14 4. The parties then agreed to pursue a settlement of PlaintifTs individual claims. 15 Through lengthy discussions witii Defendant's counsel, Plaintiff and Defendant agieed to settle' 16 PlaintifTs individual claims only for consideration. 17 5. While Califomia Rule of Court 3.770 requires that the parties disclose the 18 consideration given, the parties' confidential settiement agreement prevents themfix>mdoing so. 19 However, the parties have agreed to provide a hard copy of the agreement for the Court's ih 20 chambers review to the extent the Court finds such a hearing necessary. 21 6. , There is no other compensation of any kind being paid pursuant to the settlement. 22 Plaintiff requests dismissal of his individual claims with prejudice. 23 7. Attorney's fees payable from this settlement amount to our office in no way 24 undermined ourfiduciaryduties to the putative class or Aggrieved Employees. Defendant has not 25 ofifered, nor has Plaintiff received, any direct or indirect consideration for Plaintiff to dismiss the 26 class action and representative claim. 27 8. On January 25,2023 Plaintiff's counsel submitted notice of Plaintiff'srequestfor 28 dismissal of the representative claims. Exhibit 1 is attueand correct copy of the notice to the -3- PLAINTIFF'S REQUEST FOR DISMISSAL; SHKODNIK DECLARATION; [PROPOSED] ORDER 1 Califomia Labor Workforce and Development Agency of Plaintiffs request for dismissal of the 2 representative claims sent on January 25,2023. 3 9. Plaintiffhas not served notice on the unnamed class members or Aggrieved 4 Employees and Plaintiffs counsel is unaware of anyone who has relied upon the existence of this 5 action in Heu of pursuit of their individual or class claims against Defendant. Plaiintififhas abo not 6 filed a motion for class certification, and the dismissal of Plaintiff s class and representative 7 claims without prejudice will not result in prejudice to any of the unnamed putative class members 8 or Aggrieved Employees. Therefore, Plaintiffs counsel requests that the Court ordertiiismatter to 9 be dismissed without notice to the unnamed putative class members uiidier Califomia Rule of 10 Court 3.770(c). Attached is a [Proposed] Order Re: Dismissal of Class Action. 11 I declare under penalty of perjury under the laws of the State of Califomia that the above is 12 tme and correct. Executed this 25''' day of January, 2023, at La Crescenta, California. 13 14 Roman Shkodnik 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -4. PLAINTIFF'S REQUEST FOR DISMISSAL; SHKODNIK DECLARATION; [PROPOSED] ORDER 1 2 3 4 5 6 SUPERIOR COURT OF THE STATE OF CALIFORNL\ 7 FOR THE GOU^JTY OF SACRAMENTO 8 9 CHIA XIONG, an individual, on behalf of Case No.: 34-2020-00278650 10 herself and others similarly situated. Hon. Lauri A. Damrell 11 Plaintiffs, Dept: 28 12 vs. [PROPOSED] ORDER RE: DISMISSAL OF CLASS AND REPRESENTATIVE 13 TGC ENTERPRISES, INC., a Califomia CLAIMS corporation; and DOES 1 through 50, 14 inclusive, 15 Defendants. 16 Based on Plaintiff Chia Xiong's Request for Dismissal and the Declaration of Roman - 17 Shkodnik in support thereof, the Court hereby approvestiiesettlement and dismissal of Plaintiffs 18 individual claims with prejudice and orders the above-titled action dismissed without prejudice as 19 totileclaims of the unnamed putative class members and Aggrieved Employees. 20 The Courtfindsthat dismissal without notice will not prejudice the unnamed putative class 21 members £md therefore, pursuant to Califomia Rule of Court 3.770(c), the action may be 22 dismissed without notice to the unnamed putative class members. 23 24 IT IS SO ORDERED. 25 Dated: 26 HON. LAURI A. DAMRELL 27 JUDGE OF THE SUPERIOR COURT 28 -5- PLAINTIFF'S REQUEST FOR DISMISSAL; SHKODNIK DECLARATION; [PROPOSED] ORDER EXHIBIT 1 Natalia Bermudes From: DIR PAGA Unit Sent: Wednesday, January 25,2023 5:02 PM To: Natalia Bemiudes Subject: Thank you for your Other Response or Document Submission 01/25/2023 05:01:56 PM Thank you for your submission to the Labor and Workforce Development Agency. Item submitted: Other Response or Document Submission If you have questions or concerns regarding this submission or your case, please send an email to pagainfo@dir.ca.gov. DIR PAGA Unit on behalf of Labor and Workforce Development Agency Website: http://labor.ca.gov/Private_Attorneys_General_Act.htm S:c::? n t C c ; : ;o,-;iir. •.' • Labor a n d W o r k f o r c e D e v e i o o r i i e h t Agency / Deoariri-ieiTi of I n d u i l r i a l . R e l a t i o n s Private Attomeys General Act (PAG/^ - Filing Other Document PAGA Number (LWDA-CM-): • 786571-20 Please enter only the eight digit number after "LWDA-CM-" In the following format. "XXXXXX-XX". Search for PACA Case number r Your Information (Person Who is Filing) Your First Name * Your Last Name * Your Email Address I David Yeremian natalia@yeremianlaw.com Your Street Name, Number and Suite/Apt * Your Mobile Phone Number 12540 Foothill Blvd., Suite : 8182308380 Your Qty * Your Work Phone Number La Crescenta Your State* I Califomia v» | Your Zip/Postal Code * ;91214 Documents Other Document * Choose Re Req for Dismi...]0 (Xiong).pdf Other Attachment Of any) {^Choose No file chosen Add Another Attachment Should you have questions regarding this online form, please contact PAGAInfbfi)dir.ca.gov IMPORTANT NOTICE OF REDACTION RESPONSIBILITY: All filers must redact: Social Security or taxpayer Identification numbers; personal addresses, personal telephone numbers, personal email addresses, dates of birth; names of minor children; & financial account numbers. This requirement applies to all documents, including attachments. QI understand that, If I file, I must comply with the redaaion rules consistent with this notice. Previous Page Submit PROOF OF SERVICE STATE OF CALIFORNIA, COUNTY OF LOS ANGELES: 3 I am employed in the aforesaid county, State of Califomia; I am over the age of 18 years and not a party to the within action; my business address is 2540 Foothill Blvd., Suite 201, La 4 Crescenta, CA 91214. On Januaiy 25,2023,1 served the foregoing: PLAINTIFF'S REQUEST FOR DISMISSAL OF INDIVIDUAL CLAIMS WITH PREJUDICE, AND CLASS AND REPRESENTATIVE CLAIMS WITHOUT PREJUDICE; DECLARATION OF ROMAN SHKODNIK EV SUPPORT THEREOF; [PROPOSED] ORDER on Interested Parties in this action by placing a tme copy thereof, enclosed in a sealed envelope, addressed as follows: 8 Erica Rosasco erica@mckaguerosasco.com 9 ROSASCO LAW GROUP, APC 1217 Pleasant Grove Blvd., Ste. 120 10 Roseville, CA 95678 11 [X] (BY MAIL) I placed such envelope with postage thereon fully paid in the United States mail at La Cresceni^ Califomia. I am "readily familiar" with this firm's practice of collecting 12 and processsing coirespondence for mailing. It is deposited with U.S. Postal Service on that same day in the ordinary course of business. I am aware that on motion of party served, service is 13 presumed invalid if postal cancellation date or postage meter date is more than 1 day after date of deposit for mailing in affidavit. 14 [X] (COURTESY COPY BY ELECTRONIC TRANSMISSION) by use of email by 15 scanning the documents and any and all documents and emailing them to email addresses above. 16 [ ] (BY OVERNIGHT DELIVERY) I enclosed the dociunents in an envelope or package provided by an overnight delivery earner and addressed to the persons at the address above. I 17 placed the envelope or package for collection and overnight deliveiy at an o£Qce or a regularly utilized drop box of the overnight delivery carrier. 18 PCJ (STATE) I certify (or declare) under penalty of perjury under the laws of the State of 19 Califomia that the fofegoiiig is trae and correct. 20 Executed on January 25, 2023, at La Crescenta, Califomia. 21 22 Natalia Bermudes 23 24 25 26 27 28