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1 Larry W. Lee (State Bar No. 228175)
Max W. Gavron (State Bar No. 291697)
2 DIVERSITY LAW GROUP, P.C.
3 515 S. Figueroa Street, Suite 1250
Los Angeles, CA 90071
4 (213) 488-6555
(213) 488-6554 facsimile
5 lwlee@diversitylaw.com
6 mgavron@diversitylaw.com
7 William L. Marder (State Bar No. 170131)
Polaris Law Group
8 501 San Benito Street, Suite 200
9 Hollister, CA 95023
(831) 531-4214
10 (831) 634-0333 facsimile
bill@polarislawgroup.com
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12 Attorneys for Plaintiff and the Class
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SUPERIOR COURT OF THE STATE OF CALIFORNIA
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FOR THE COUNTY OF SANTA BARBARA
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16 VICTORIA TICE, as an individual and on Case No. 20CV00892
behalf of all others similarly situated,
17 [Assigned to the Honorable Thomas P. Anderle,
Plaintiff, Department 3]
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19 vs. DECLARATION OF LARRY W. LEE IN
SUPPORT OF PLAINTIFF’S MOTION
20 TRADER JOE’S COMPANY, a California FOR FINAL APPROVAL OF CLASS
corporation; and DOES 1 through 50, ACTION SETTLEMENT
21 inclusive,
22 Date: September 6, 2023
Defendants. Time: 10:00 A.M.
23 Dept.: 3
24 Complaint Filed: February 14, 2020
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DECLARATION OF LARRY W. LEE IN SUPPORT OF PLAINTIFF’S MOTION FOR FINAL APPROVAL OF
CLASS ACTION SETTLEMENT
1 DECLARATION OF LARRY W. LEE
2 I, Larry W. Lee, declare as follows:
3 1. I am an attorney at law, duly licensed to practice before all Courts in the State of
4 California, and am with the law firm Diversity Law Group, counsel of record for Named Plaintiff
5 Victoria Tice (“Plaintiff”). I have personal knowledge of the facts set forth below and if called to
6 testify I could and would do so competently.
7 2. The proposed settlement meets the criteria for this Court to grant final approval of
8 this matter on a class-wide basis, as the settlement is fair, adequate, and reasonable.
9 3. The Joint Stipulation of Class Action Settlement (“Settlement Agreement”) was
10 the product of arm’s length negotiations between highly able and experienced attorneys on both
11 sides who possessed the relevant data and extensive legal research which they had carefully
12 analyzed. Class Counsel engaged in extensive factual investigation before settling. The Parties
13 also participated in a full day of mediation with a highly experienced and well-known mediator,
14 Gig Kyriacou, Esq., which did not immediately result in settlement.
15 4. I have spent significant time researching and pursuing the claims that have been
16 alleged in this action. Based on my independent investigations and evaluations, I am of the
17 opinion that the proposed settlement is fair, reasonable, and adequate, and is in the best interests
18 of the Class Members, in light of all known facts and circumstances, and the expenses and risks
19 inherent in litigation. The settlement was negotiated at arm’s length and was facilitated by an
20 experienced and neutral mediator. Thus, this settlement should be granted final approval.
21 5. Any remaining monies from uncashed settlement checks will be redistributed to
22 the designated cy pres recipient State Bar Justice Gap Fund. I do not have any conflicts of
23 interest with this proposed recipient.
24 6. My qualifications are as follows: I received my J.D. from Arizona State
25 University College of Law in 2003. During law school, I was a summer associate at the law firm
26 of Brobeck, Phleger & Harrison. I graduated cum laude from Arizona State University College
27 of Law in the top 10% of my class. While I was in law school, I was the Associate Managing
28 Editor of the Arizona State University College of Law, Law Journal. Upon graduation, I
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DECLARATION OF LARRY W. LEE IN SUPPORT OF PLAINTIFF’S MOTION FOR FINAL APPROVAL OF
CLASS ACTION SETTLEMENT
1 practiced law as an associate at the Los Angeles County offices of Ogletree Deakins Nash
2 Smoak & Stewart, P.C., a national employment defense law firm that represents a significant
3 number of Fortune 500 companies.
4 7. My primary practice is employment law. I have handled a number of wage and
5 hour matters including class actions and individual actions, on both plaintiff and defense sides. I
6 have a practice that encompasses cases throughout the State of California, including but not
7 limited to the Los Angeles Superior Courts, the Orange County Superior Courts, the San
8 Francisco County Superior Courts, the San Diego County Superior Courts, and the United States
9 District Courts for the Central, Eastern, Northern, and Southern Districts of California. I have
10 been named as class counsel in a number of class actions that have been granted final approval
11 by the Superior Courts of Los Angeles County, Orange County, San Francisco County, Alameda
12 County, Contra Costa County, Monterey County, San Bernardino County, Santa Clara County,
13 Sonoma County, and the United States District Court for the Central, Eastern, and Northern
14 Districts of California, including but not limited to the following class actions: Chan Lanier v.
15 Citigroup, Inc. et al., San Francisco Superior Court Case No. CGC-05-445143; Naqvi v. Acoustic
16 Home Loans et al., Orange County Superior Court Case No. 05CC00263; Ortega v. AIG, Central
17 District of California Case No. CV 06-0196-RSWL (PJWx); Universal Protection Overtime
18 Cases, Orange County Superior Court, Judicial Council Coordination Proceeding No. 4480; Tse
19 v. Best Buy, Los Angeles Superior Court Case No. BC392717; Hernandez v. CVS Corp. et al.,
20 Judicial Council Coordination Proceeding No. 4539; Padilla v. Safeway, San Benito County
21 Superior Court Case No. CU-16-00182; Valles v. Community Hospital of the Monterey
22 Peninsula, Monterey County Superior Court Case No. 17CV003452; DirecTv Wage and Hour
23 Cases, Santa Clara Superior Court Judicial Council Coordination Proceeding No. 4850; Perez v.
24 Standard Drywall, Inc., Alameda County Superior Court Case No. RG15761142; and Davis v.
25 Nugget Market, Inc., Yolo County Superior Court Case No. CV-18-558.
26 8. In addition, I was certified as class counsel by the United States District Court,
27 Central District of California in the cases Abdullah v. U.S. Security (Case Number CV 09-09554
28 GHK), Avilez v. Pinkerton Government Services, Inc. (Case Number SACV 11-0493-DOC),
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DECLARATION OF LARRY W. LEE IN SUPPORT OF PLAINTIFF’S MOTION FOR FINAL APPROVAL OF
CLASS ACTION SETTLEMENT
1 Dynabursky v. Allied Barton Security Services (Case Number SACV 12-02210 JST); and Pace v.
2 Petsmart, Inc. (Case Number SACV 13-500-DOC); by the Northern District of California in the
3 cases of Harris v. Vector Marketing Corp., (Case Number CV 08 5198 EMC), and Lemus et al.
4 v. H&R Block Enterprises, LLC (Case Number CV-09-03179-SI); and by the Superior Court of
5 California, Orange County in the cases of De la Cruz v. Abercrombie & Fitch Co. et al. (Case
6 Number 30-2007-00036240) and Wu v. General Nutrition Corporation (Case Number 30-2012-
7 00593759), all as part of the Courts’ orders granting class certification pursuant to Rule 23 of the
8 FRCP and California Code of Civil Procedure § 382. I served as lead counsel on these cases.
9 I declare under penalty of perjury under the laws of the State of California that the
10 foregoing is true and correct.
11 Executed on this 14th day of August 2023, at Los Angeles, California.
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13 Larry W. Lee
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DECLARATION OF LARRY W. LEE IN SUPPORT OF PLAINTIFF’S MOTION FOR FINAL APPROVAL OF
CLASS ACTION SETTLEMENT
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1 Larry W. Lee (State Bar No. 228175) Max W. Gavron (State Bar No. 291697) 2 DIVERSITY LAW GROUP, P.C. 3 515 S. Figueroa Street, Suite 1250 Los Angeles, CA 90071 4 (213) 488-6555 (213) 488-6554 facsimile 5 lwlee@diversitylaw.com 6 mgavron@diversitylaw.com 7 William L. Marder (State Bar No. 170131) Polaris Law Group 8 501 San Benito Street, Suite 200 9 Hollister, CA 95023 (831) 531-4214 10 (831) 634-0333 facsimile bill@polarislawgroup.com 11 12 Attorneys for Plaintiff and the Class 13 SUPERIOR COURT OF THE STATE OF CALIFORNIA 14 FOR THE COUNTY OF SANTA BARBARA 15 16 VICTORIA TICE, as an individual and on Case No. 20CV00892 behalf of all others similarly situated, 17 [Assigned to the Honorable Thomas P. Anderle, Plaintiff, Department 3] 18 19 vs. DECLARATION OF LARRY W. LEE IN SUPPORT OF PLAINTIFF’S MOTION 20 TRADER JOE’S COMPANY, a California FOR FINAL APPROVAL OF CLASS corporation; and DOES 1 through 50, ACTION SETTLEMENT 21 inclusive, 22 Date: September 6, 2023 Defendants. Time: 10:00 A.M. 23 Dept.: 3 24 Complaint Filed: February 14, 2020 25 26 27 28 1 DECLARATION OF LARRY W. LEE IN SUPPORT OF PLAINTIFF’S MOTION FOR FINAL APPROVAL OF CLASS ACTION SETTLEMENT 1 DECLARATION OF LARRY W. LEE 2 I, Larry W. Lee, declare as follows: 3 1. I am an attorney at law, duly licensed to practice before all Courts in the State of 4 California, and am with the law firm Diversity Law Group, counsel of record for Named Plaintiff 5 Victoria Tice (“Plaintiff”). I have personal knowledge of the facts set forth below and if called to 6 testify I could and would do so competently. 7 2. The proposed settlement meets the criteria for this Court to grant final approval of 8 this matter on a class-wide basis, as the settlement is fair, adequate, and reasonable. 9 3. The Joint Stipulation of Class Action Settlement (“Settlement Agreement”) was 10 the product of arm’s length negotiations between highly able and experienced attorneys on both 11 sides who possessed the relevant data and extensive legal research which they had carefully 12 analyzed. Class Counsel engaged in extensive factual investigation before settling. The Parties 13 also participated in a full day of mediation with a highly experienced and well-known mediator, 14 Gig Kyriacou, Esq., which did not immediately result in settlement. 15 4. I have spent significant time researching and pursuing the claims that have been 16 alleged in this action. Based on my independent investigations and evaluations, I am of the 17 opinion that the proposed settlement is fair, reasonable, and adequate, and is in the best interests 18 of the Class Members, in light of all known facts and circumstances, and the expenses and risks 19 inherent in litigation. The settlement was negotiated at arm’s length and was facilitated by an 20 experienced and neutral mediator. Thus, this settlement should be granted final approval. 21 5. Any remaining monies from uncashed settlement checks will be redistributed to 22 the designated cy pres recipient State Bar Justice Gap Fund. I do not have any conflicts of 23 interest with this proposed recipient. 24 6. My qualifications are as follows: I received my J.D. from Arizona State 25 University College of Law in 2003. During law school, I was a summer associate at the law firm 26 of Brobeck, Phleger & Harrison. I graduated cum laude from Arizona State University College 27 of Law in the top 10% of my class. While I was in law school, I was the Associate Managing 28 Editor of the Arizona State University College of Law, Law Journal. Upon graduation, I 2 DECLARATION OF LARRY W. LEE IN SUPPORT OF PLAINTIFF’S MOTION FOR FINAL APPROVAL OF CLASS ACTION SETTLEMENT 1 practiced law as an associate at the Los Angeles County offices of Ogletree Deakins Nash 2 Smoak & Stewart, P.C., a national employment defense law firm that represents a significant 3 number of Fortune 500 companies. 4 7. My primary practice is employment law. I have handled a number of wage and 5 hour matters including class actions and individual actions, on both plaintiff and defense sides. I 6 have a practice that encompasses cases throughout the State of California, including but not 7 limited to the Los Angeles Superior Courts, the Orange County Superior Courts, the San 8 Francisco County Superior Courts, the San Diego County Superior Courts, and the United States 9 District Courts for the Central, Eastern, Northern, and Southern Districts of California. I have 10 been named as class counsel in a number of class actions that have been granted final approval 11 by the Superior Courts of Los Angeles County, Orange County, San Francisco County, Alameda 12 County, Contra Costa County, Monterey County, San Bernardino County, Santa Clara County, 13 Sonoma County, and the United States District Court for the Central, Eastern, and Northern 14 Districts of California, including but not limited to the following class actions: Chan Lanier v. 15 Citigroup, Inc. et al., San Francisco Superior Court Case No. CGC-05-445143; Naqvi v. Acoustic 16 Home Loans et al., Orange County Superior Court Case No. 05CC00263; Ortega v. AIG, Central 17 District of California Case No. CV 06-0196-RSWL (PJWx); Universal Protection Overtime 18 Cases, Orange County Superior Court, Judicial Council Coordination Proceeding No. 4480; Tse 19 v. Best Buy, Los Angeles Superior Court Case No. BC392717; Hernandez v. CVS Corp. et al., 20 Judicial Council Coordination Proceeding No. 4539; Padilla v. Safeway, San Benito County 21 Superior Court Case No. CU-16-00182; Valles v. Community Hospital of the Monterey 22 Peninsula, Monterey County Superior Court Case No. 17CV003452; DirecTv Wage and Hour 23 Cases, Santa Clara Superior Court Judicial Council Coordination Proceeding No. 4850; Perez v. 24 Standard Drywall, Inc., Alameda County Superior Court Case No. RG15761142; and Davis v. 25 Nugget Market, Inc., Yolo County Superior Court Case No. CV-18-558. 26 8. In addition, I was certified as class counsel by the United States District Court, 27 Central District of California in the cases Abdullah v. U.S. Security (Case Number CV 09-09554 28 GHK), Avilez v. Pinkerton Government Services, Inc. (Case Number SACV 11-0493-DOC), 3 DECLARATION OF LARRY W. LEE IN SUPPORT OF PLAINTIFF’S MOTION FOR FINAL APPROVAL OF CLASS ACTION SETTLEMENT 1 Dynabursky v. Allied Barton Security Services (Case Number SACV 12-02210 JST); and Pace v. 2 Petsmart, Inc. (Case Number SACV 13-500-DOC); by the Northern District of California in the 3 cases of Harris v. Vector Marketing Corp., (Case Number CV 08 5198 EMC), and Lemus et al. 4 v. H&R Block Enterprises, LLC (Case Number CV-09-03179-SI); and by the Superior Court of 5 California, Orange County in the cases of De la Cruz v. Abercrombie & Fitch Co. et al. (Case 6 Number 30-2007-00036240) and Wu v. General Nutrition Corporation (Case Number 30-2012- 7 00593759), all as part of the Courts’ orders granting class certification pursuant to Rule 23 of the 8 FRCP and California Code of Civil Procedure § 382. I served as lead counsel on these cases. 9 I declare under penalty of perjury under the laws of the State of California that the 10 foregoing is true and correct. 11 Executed on this 14th day of August 2023, at Los Angeles, California. 12 ________________________________ 13 Larry W. Lee 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 DECLARATION OF LARRY W. LEE IN SUPPORT OF PLAINTIFF’S MOTION FOR FINAL APPROVAL OF CLASS ACTION SETTLEMENT