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  • COMPLEX STILLER -V- MMODAL Print Employment - Complex  document preview
  • COMPLEX STILLER -V- MMODAL Print Employment - Complex  document preview
  • COMPLEX STILLER -V- MMODAL Print Employment - Complex  document preview
  • COMPLEX STILLER -V- MMODAL Print Employment - Complex  document preview
						
                                

Preview

1 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 9 10 SUPERIOR COURT OF THE STATE OF CALIFORNIA 11 C4UNTY OF SAN BERNARDINQ 12 1 JULIE STILLER individually and on behalf cASE No c vns1 o1377 all athers s rmilarly situated 14 CLASS ACTION 1 Plaintiff ORDER GRANTING PLAINTIFF S MOTION FOR CLASS 1 CERTIFICATTQN 1 MMODAL SERVIGES LTD a carparatian Dates September 23 2019 and dba M MODAL and DOES 1 through 100 November 13 2019 1 inclusive Time 8 30 am Dept S26 1 Defendants Za Complaint Filed January 24 2017 Trial Date None Jucige Hon David Cohn 22 23 24 25 26 27 28 1 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 12 2 Within the General Class the Court grants certification of the following three 13 subclasses 14 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 17 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 20 3 The Court fmds that the question of whether Defendant uniformly applies unlawful 21 meal period policies and practices to all Class Members and Class Members are not paid meal 22 period premium wages for missed meal periods predominates over individualized questions in the 23 case The Court finds that any individual proof or factual determination in this case does not 24 predominate over common questions of law and fact 25 4 The Court finds that the question of whether Defendant uniformly applies unlawful 26 wage statement policies and practices to all Class members predominates over individualized 27 questions in the case The Court finds that any individual proof or factual determination in this 28 2 ORDER GRANTING PLAINTIFF S MOTION FOR CLASS CERTIFICATION