On April 07, 2016 a
Party Discovery
was filed
involving a dispute between
Gamboa, Adrian,
and
Baronhr, Llc,
Chartwell Staffing Services, Inc.,
Cingular Staffing, Inc.,
Kamran Staffing, Inc., A California Corporation,
Lyneer Staffing Solutions, Llc.,
Pacific American Fish Coinc.,
Pafco Holdings, Inc., A California Corporation,
Workforce Outsourcing, Inc.,
for Employment-Other
in the District Court of San Bernardino County.
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SAN BERNARDINO SUPERIOR COURT
COUNTY OF SAN BERNARDINO
247 West Third Street R
2 San
s
Bernardino California 92415 0210 r
C u
ui i
i
a
n f r
r
rC RP IA
i
rt li
3 r r lt
S P 6 2029
4
5 G E l k d
Ce u r
6
7
SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 COUNTY OF SAN BERNARDINO
10
11 ADRIAN GAMBOA CASE N0 CIVDS1605273
2 Plaintiff
RULING ON MOTION FOR CLASS
CERTIFICATION
vs
13
Date September 16 2019
KAMRAN STAFFING INC et al
14 Time 8 30 A M
Department S32
Defendants
15
16
17
After full consideration of the written and oral submissions by the
9 parties the Court rules as follows
20 Genesis of the Case
21 On April 7 2016 Plaintiff Adrian Gamboa filed this putative wage
22
and hour class action lawsuit against Defendants PAFCO Holdings Inc and
23 Pacific American Fish Co Inc PAFCO
collectively and Kamran Staffing
24 Inc Kamran
25
On January 14 2019 Plaintiff added Defendant Cingular Staffing
26 Inc Cingular as DOE 4 Plaintiff has added multiple other staffing
27
agency defendants but he has since dismissed each of them
28 Plaintiff First Amended Complaint FAC
s operative includes six
Page 1 of 10
causes of action
2 1 Failure to Pay Minimum Wages
3 2 Failure to Pay Overtime Wages
4 3 Failure to Provide Meal Periods
5 4 Failure to Provide Rest Periods
6 5 Failure to Pay All Wages Due Within the Required Time and Upon
7 Separation of Employment and
6 Violation of Business and Professions Code 17200 et seq In his FAC
9
Plaintiff alleges the following
10 Kamran is a staffing agency headquartered in Ontario California and
11
it was responsible for placing Plaintiff at PAFCO and Pacific American
2 where he was employed in a non exempt position from November 2013 until
13
February 2014
14 Kamran PAFCO and Pacific American are collectively identified in
15 the FAC as Defendants
16
Plaintiff generally alleges that Defendants did not pay him minimum
7
wage for all hours worked did not properly pay him for all of his overtime
work did not provide him with uninterrupted meal or rest breaks and did
9 not provide him with accurate wage statements
20
Regarding the putative class allegations Plaintiff s proposed class is
21 defined as All current and former non exempt employees employed by
22
Defendants within four years prior to the filing of the Complaint to the
23 present and continuing The only subclass identified in the complaint is the
24 Time Subclass is defined All Class members who
Waiting which as
25 separated their employment from Defendants within three years prior to the
26 filing of this action to the present and continuing Plaintiff has reserved the
27
right to establish additional subclasses or to modify the class or subclass
28 definitions
Page2of10
Document Filed Date
September 17, 2019
Case Filing Date
April 07, 2016
Category
Employment-Other
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SAN BERNARDINO SUPERIOR COURT COUNTY OF SAN BERNARDINO 247 West Third Street R 2 San s Bernardino California 92415 0210 r C u ui i i a n f r r rC RP IA i rt li 3 r r lt S P 6 2029 4 5 G E l k d Ce u r 6 7 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 COUNTY OF SAN BERNARDINO 10 11 ADRIAN GAMBOA CASE N0 CIVDS1605273 2 Plaintiff RULING ON MOTION FOR CLASS CERTIFICATION vs 13 Date September 16 2019 KAMRAN STAFFING INC et al 14 Time 8 30 A M Department S32 Defendants 15 16 17 After full consideration of the written and oral submissions by the 9 parties the Court rules as follows 20 Genesis of the Case 21 On April 7 2016 Plaintiff Adrian Gamboa filed this putative wage 22 and hour class action lawsuit against Defendants PAFCO Holdings Inc and 23 Pacific American Fish Co Inc PAFCO collectively and Kamran Staffing 24 Inc Kamran 25 On January 14 2019 Plaintiff added Defendant Cingular Staffing 26 Inc Cingular as DOE 4 Plaintiff has added multiple other staffing 27 agency defendants but he has since dismissed each of them 28 Plaintiff First Amended Complaint FAC s operative includes six Page 1 of 10 causes of action 2 1 Failure to Pay Minimum Wages 3 2 Failure to Pay Overtime Wages 4 3 Failure to Provide Meal Periods 5 4 Failure to Provide Rest Periods 6 5 Failure to Pay All Wages Due Within the Required Time and Upon 7 Separation of Employment and 6 Violation of Business and Professions Code 17200 et seq In his FAC 9 Plaintiff alleges the following 10 Kamran is a staffing agency headquartered in Ontario California and 11 it was responsible for placing Plaintiff at PAFCO and Pacific American 2 where he was employed in a non exempt position from November 2013 until 13 February 2014 14 Kamran PAFCO and Pacific American are collectively identified in 15 the FAC as Defendants 16 Plaintiff generally alleges that Defendants did not pay him minimum 7 wage for all hours worked did not properly pay him for all of his overtime work did not provide him with uninterrupted meal or rest breaks and did 9 not provide him with accurate wage statements 20 Regarding the putative class allegations Plaintiff s proposed class is 21 defined as All current and former non exempt employees employed by 22 Defendants within four years prior to the filing of the Complaint to the 23 present and continuing The only subclass identified in the complaint is the 24 Time Subclass is defined All Class members who Waiting which as 25 separated their employment from Defendants within three years prior to the 26 filing of this action to the present and continuing Plaintiff has reserved the 27 right to establish additional subclasses or to modify the class or subclass 28 definitions Page2of10