On December 10, 2009 a
Motion,Ex Parte
was filed
involving a dispute between
Filed By: Rogers, Keith,
Rogers, Keith,
and
Does 1-100,
Les Schwab Tire Centers Of California Inc,
for (Other Employment Complaint Case)
in the District Court of Sacramento County.
Preview
\ 1 Timothy D. Cohelan, Esq.. SBN 60827
Isam C. Khoury, Esq., SBN 58759
V
2 Michael D. Singer, Esq., SBN 115301
Kimberly D. Neilson, Esq., SBN 216571
3 COHELAN KHOURY & SINGER mm 3
605 C Stteet, Suite 200
4 San Diego, CA 92101-5305
TEL: (619) 595-3001 Ei
5 FAX: (619) 595-3000 o
6 Galen T. Shimoda, Esq., SBN 226752
SHIMODA LAW CORP.
7 9401 E. Stockton Blvd., Suite 200
Elk Grove, CA 95624
8 TEL: (916) 525-0716
FAX: (916)760-3733
9
Attomeys for Plaintiff Keith Rogers
10
11
12 SUPERIOR COURT OF THE STATE OF CALIFORNIA
13 COUNTY OF SACRAMENTO
14
15 KEITH ROGERS, on behalf of himself and CASENO. 34-2009-00066320
all others similarly situated and on behalf of ASSIGNED FOR ALL PURPOSES TO:
16 the general public The Honorable Raymond Cadei
17 Plaintiff, PLAINTIFF'S NOTICE OF MOTION AND
MOTION FOR CLASS CERTIFICATION
18
v. Date: May 11, 2012
19 Time: 1:30 p.m.
LES SCHWAB TIRE CENTERS OF Dept: 13
20 CALIFORNIA, INC., and DOES 1 through
100, Inclusive Complaint filed: December 10, 2009
21 Trial Date: None set
Defehdants
22
23
24
25
26
27
28
PLAINTIFF'S NOTICE OF MOTION A M ) MOTION
CASE NO. 34-2009-00066320
FOR CLASS CERTIFICATION
1 PLEASE TAKE NOTICE that on May 11, 2012, at 1:30 p.m., or as soontiiereafteras the
2 matter may be heard in Department 13 of the above-entitled Court, located at 720 Ninth Street,
3 Sacramento, CA 95814, Plaintiff Keith Rogers, on behalf of himself and all others similarly
4 situated, will move the Court for an Order as follows:
5 1. To certify that this action, and each of its cause of action, is maintainable as a class
6 action; and
7 2. To certify the following defined Classes and Subclasses:
8 ASSISTANT MANAGER CLASS: All persons employed by the Defendants in
9 the State of Califomia as Assistant Managers and similar positions who were paid on a salary
10 basis.
11 WAITING TIME SUBCLASS: All persons employed by the Defendant in tlie
12 State of Califomia as Assistant Managers and similar positions who were paid on a salary basis
13 whom Defendant failed to pay wages owing at terminafion of emplo^anent.
14 REST PERIOD SUBCLASS: All persons employed by the Defendant in the
15 State of Califomia as Assistant Managers and similar posifions who were paid on a salary basis
16 and to whom Defendant failed to provide statutory rest periods.
17 MEAL PERIOD SUBCLASS: All persons employed by the Defendant in tlie
18 State of Califomia as Assistant Managers and similar positions who were paid on a salary basis
19 and to whom Defendant failed to provide statutory meal periods.
20 3. To certify the named Plaintiff as representative of the Classes and his counsel of
21 record as Class Counsel for the Classes.
22 This Motion is made pursuant to Code of Civil Procedure Section 382 and relevant
23 Califomia case law. Class Certification is appropriate because the proposed class is ascertainable
24 and Plaintiff satisfies the community interest requirement as follows:
25 A. The proposed Class is numerous and ascertainable;
26 B. Common issues of law and fact affecting the entirety of the Classes predominate;
27 C. Plaintiff's claims are typical of the claims of the Class and Subclasses;
28 D. Plainfiffs counsel is highly experienced with wage and hour class actions and the
-2-
PLAINTIFF'S NOTICE OF MOTION AND MOTION
CASE NO. 34-2009-00066320
FOR CLASS CERTIFICATION
I named Plaintiff will fairly and adequately represent the Class; and,
2 E. A class action is superior to hundreds of duplicative individual actions.
3 This Motion is based on this Notice of Motion; Memorandum of Points and Authorities;
4 the Declarations of Attomeys Michael D. Singer, Kimberly D. Neilson, Galen Shimoda;
5 Declaration of Zev Eigen, J.D., Ph.D; Notice of Lodgment of Exhibits; Request for Judicial
6 Notice, Appendix of Federal and Non-Califomia Authorities; Compendium of Declarations; and
7 the pleadings and documentary evidence contained in the Court's file, and such other oral and
8 documentary evidence as may be presented at the hearing ofthis Mofion.
9 Please note that Pursuant to Local Rule 3.04, the court will make a tentative ruling on tlie
10 merits of this matter by 2:00 p.m., the court day before the hearing. You may access and
11 download the court's mling from the court's website at http://www.saccourt.ca.gov. If you do not
12 have online access, you may obtain the tentative mling over the telephone by calling (916) 874-
13 8142 and a deputy clerk will read the mling to you. If you wish to request oral argument, you
14 must contact the courtroom clerk at (916) 874-7786 and the opposing party before 4;00 p.m. the
15 court day before the hearing. If you do not call the court and the opposing party by 4:00 p.m. on
16 the court day before the hearing, no hearing will be held.
17
18
Dated: January 30, 2012 COHELAN KHOURY & SINGER
19
SHIMODA LAW CORP.
20 Counsel for Plaintiff and proposed Classes
21
22 lichael
23 Kimbei4/D. Neilson
24
25
26
27
28
PLAINTIFF'S NOTICE OF MOTION AND MOTION
CASE NO. 34-2009-00066320
FOR CLASS CERTIFICATION
Document Filed Date
January 31, 2012
Case Filing Date
December 10, 2009
Category
(Other Employment Complaint Case)
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\ 1 Timothy D. Cohelan, Esq.. SBN 60827 Isam C. Khoury, Esq., SBN 58759 V 2 Michael D. Singer, Esq., SBN 115301 Kimberly D. Neilson, Esq., SBN 216571 3 COHELAN KHOURY & SINGER mm 3 605 C Stteet, Suite 200 4 San Diego, CA 92101-5305 TEL: (619) 595-3001 Ei 5 FAX: (619) 595-3000 o 6 Galen T. Shimoda, Esq., SBN 226752 SHIMODA LAW CORP. 7 9401 E. Stockton Blvd., Suite 200 Elk Grove, CA 95624 8 TEL: (916) 525-0716 FAX: (916)760-3733 9 Attomeys for Plaintiff Keith Rogers 10 11 12 SUPERIOR COURT OF THE STATE OF CALIFORNIA 13 COUNTY OF SACRAMENTO 14 15 KEITH ROGERS, on behalf of himself and CASENO. 34-2009-00066320 all others similarly situated and on behalf of ASSIGNED FOR ALL PURPOSES TO: 16 the general public The Honorable Raymond Cadei 17 Plaintiff, PLAINTIFF'S NOTICE OF MOTION AND MOTION FOR CLASS CERTIFICATION 18 v. Date: May 11, 2012 19 Time: 1:30 p.m. LES SCHWAB TIRE CENTERS OF Dept: 13 20 CALIFORNIA, INC., and DOES 1 through 100, Inclusive Complaint filed: December 10, 2009 21 Trial Date: None set Defehdants 22 23 24 25 26 27 28 PLAINTIFF'S NOTICE OF MOTION A M ) MOTION CASE NO. 34-2009-00066320 FOR CLASS CERTIFICATION 1 PLEASE TAKE NOTICE that on May 11, 2012, at 1:30 p.m., or as soontiiereafteras the 2 matter may be heard in Department 13 of the above-entitled Court, located at 720 Ninth Street, 3 Sacramento, CA 95814, Plaintiff Keith Rogers, on behalf of himself and all others similarly 4 situated, will move the Court for an Order as follows: 5 1. To certify that this action, and each of its cause of action, is maintainable as a class 6 action; and 7 2. To certify the following defined Classes and Subclasses: 8 ASSISTANT MANAGER CLASS: All persons employed by the Defendants in 9 the State of Califomia as Assistant Managers and similar positions who were paid on a salary 10 basis. 11 WAITING TIME SUBCLASS: All persons employed by the Defendant in tlie 12 State of Califomia as Assistant Managers and similar positions who were paid on a salary basis 13 whom Defendant failed to pay wages owing at terminafion of emplo^anent. 14 REST PERIOD SUBCLASS: All persons employed by the Defendant in the 15 State of Califomia as Assistant Managers and similar posifions who were paid on a salary basis 16 and to whom Defendant failed to provide statutory rest periods. 17 MEAL PERIOD SUBCLASS: All persons employed by the Defendant in tlie 18 State of Califomia as Assistant Managers and similar positions who were paid on a salary basis 19 and to whom Defendant failed to provide statutory meal periods. 20 3. To certify the named Plaintiff as representative of the Classes and his counsel of 21 record as Class Counsel for the Classes. 22 This Motion is made pursuant to Code of Civil Procedure Section 382 and relevant 23 Califomia case law. Class Certification is appropriate because the proposed class is ascertainable 24 and Plaintiff satisfies the community interest requirement as follows: 25 A. The proposed Class is numerous and ascertainable; 26 B. Common issues of law and fact affecting the entirety of the Classes predominate; 27 C. Plaintiff's claims are typical of the claims of the Class and Subclasses; 28 D. Plainfiffs counsel is highly experienced with wage and hour class actions and the -2- PLAINTIFF'S NOTICE OF MOTION AND MOTION CASE NO. 34-2009-00066320 FOR CLASS CERTIFICATION I named Plaintiff will fairly and adequately represent the Class; and, 2 E. A class action is superior to hundreds of duplicative individual actions. 3 This Motion is based on this Notice of Motion; Memorandum of Points and Authorities; 4 the Declarations of Attomeys Michael D. Singer, Kimberly D. Neilson, Galen Shimoda; 5 Declaration of Zev Eigen, J.D., Ph.D; Notice of Lodgment of Exhibits; Request for Judicial 6 Notice, Appendix of Federal and Non-Califomia Authorities; Compendium of Declarations; and 7 the pleadings and documentary evidence contained in the Court's file, and such other oral and 8 documentary evidence as may be presented at the hearing ofthis Mofion. 9 Please note that Pursuant to Local Rule 3.04, the court will make a tentative ruling on tlie 10 merits of this matter by 2:00 p.m., the court day before the hearing. You may access and 11 download the court's mling from the court's website at http://www.saccourt.ca.gov. If you do not 12 have online access, you may obtain the tentative mling over the telephone by calling (916) 874- 13 8142 and a deputy clerk will read the mling to you. If you wish to request oral argument, you 14 must contact the courtroom clerk at (916) 874-7786 and the opposing party before 4;00 p.m. the 15 court day before the hearing. If you do not call the court and the opposing party by 4:00 p.m. on 16 the court day before the hearing, no hearing will be held. 17 18 Dated: January 30, 2012 COHELAN KHOURY & SINGER 19 SHIMODA LAW CORP. 20 Counsel for Plaintiff and proposed Classes 21 22 lichael 23 Kimbei4/D. Neilson 24 25 26 27 28 PLAINTIFF'S NOTICE OF MOTION AND MOTION CASE NO. 34-2009-00066320 FOR CLASS CERTIFICATION