On January 24, 2017 a
Order
was filed
involving a dispute between
Stiller, Julie,
and
Mmodal Services, Ltd A Corporation,
for Employment - Complex
in the District Court of San Bernardino County.
Preview
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Michelle Baker SBN 199130 su ER o o o tFc t A
l COUNTY OF SAN B RNARDiNO
BAKER LAW GROUP LLP
SAN BERNARDINO DISTRICT
1 Q945 Vista SOrrellt4 PkWy SUite 1 QQ
San Diego GA 92130 DE zQ19
Telephone 858 452 0093
E mall michelle cr bakerllp conn
BY
4 Jason Whooper E
SBN 279972 4
W LAW
5
1916 3rd Ave
San Diego CA 92101
Telephone 619 432 2836
Facsimile 6 9 717 2111
F mail jwhaoper@wlawinc cam
C ounsel for FZaintiffJulze Stille and the Pr oposed Class
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SUPERIOR COURT OF THE STATE OF CALIFORNIA
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C4UNTY OF SAN BERNARDINQ
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1 JULIE STILLER individually and on behalf cASE No c vns1 o1377
all athers s rmilarly situated
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CLASS ACTION
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Plaintiff ORDER GRANTING PLAINTIFF S
MOTION FOR CLASS
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CERTIFICATTQN
1 MMODAL SERVIGES LTD a carparatian Dates September 23 2019 and
dba M MODAL and DOES 1 through 100 November 13 2019
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inclusive Time 8 30 am
Dept S26
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Defendants
Za
Complaint Filed January 24 2017
Trial Date None
Jucige Hon David Cohn
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ORDER GRANTING PLAINTIFF S MOTION FOR CLASS CERTIFICATION
The Plaintiff JULIE STILLER Plaintiff
1 motion of
for an Order granting Class
2 Certification came on regularly for hearing in Department S26 ofthis Court on September 23 2019
3 and November 13 2019 Plaintiff appeared by counsel BAKER LAW GROUP LLP and W LAW
q Defendant MMODAL SERVICES LTD Defendant or MModal appeared by counsel K L
5 GATES LLP
6 The Court having considered the documents before it having heard the arguments of
counsel and being fully advised ORDERS as follows
g 1 Plaintiff s Motion for Class Certification is granted The Court grants certification
9 of the following class
10 Class All of Defendant s current and former employees whom Defendant
employed within California and paid on a piece rate or hourly basis at any time from
11 January 24 2013 through the time of trial
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2 Within the General Class the Court grants certification of the following three
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subclasses
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Meal Period All class members for whom Defendant did not authorize an
15 uninterrupted 30 minute off duty meal period before exceeding a work
period of five hours or provide one additional hour of pay at the
16 employee s regular rate of pay for each workday that the meal period was
not authorized
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Wa e Statement All class members for whom Defendant did not
18 maintain and provide accurate itemized wage statements and
19 Section 203 All class members who did not receive all earned wages from
Defendant within 72 hours after the employment relationship ended
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3 The Court fmds that the question of whether Defendant uniformly applies unlawful
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meal period policies and practices to all Class Members and Class Members are not paid meal
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period premium wages for missed meal periods predominates over individualized questions in the
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case The Court finds that any individual proof or factual determination in this case does not
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predominate over common questions of law and fact
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4 The Court finds that the question of whether Defendant uniformly applies unlawful
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wage statement policies and practices to all Class members predominates over individualized
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questions in the case The Court finds that any individual proof or factual determination in this
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ORDER GRANTING PLAINTIFF S MOTION FOR CLASS CERTIFICATION
Document Filed Date
December 09, 2019
Case Filing Date
January 24, 2017
Category
Employment - Complex
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