Preview
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]
18
19 vs. DECLARATION OF WILLIAM L.
MARDER IN SUPPORT OF PLAINTIFF'S
20 TRADER JOE'S COMPANY, a California MOTION FOR FINAL APPROVAL OF
corporation; and DOES 1 through 50, CLASS ACTION SETTLEMENT
21 inclusive,
22 Date: September 6, 2023
Defendants. Time: 10:00 A.M.
23 Dept.: 3
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Complaint Filed: February 14, 2020
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DECLARATION OF WILLIAM L. MARDER IN SUPPORT OF PLAINTIFF'S MOTION FOR FINAL APPROVAL
OF CLASS ACTION SETTLEMENT
1 DECLARATION OF WILLIAM L. MARDER
2 I, William L. Marder, hereby declare and state as follows:
3 1. I am an attorney at law duly admitted to practice before all courts in the State of
4 California and am a partner of the law firm of the Polaris Law Group, one of the attorneys of
5 record for Plaintiff Victoria Tice ("Plaintiff'), in the above-entitled action. I have personal
6 knowledge of the matters set forth herein, and if called upon as a witness to testify thereto, I
7 could and would competently do so.
8 2. The proposed settlement meets the criteria for this Court to grant final approval of
9 this matter on a class-wide basis, as the settlement is fair, adequate, and reasonable.
10 3. The Joint Stipulation of Class Action Settlement ("Settlement Agreement") was
11 the product of arm's length negotiations between highly able and experienced attorneys on both
12 sides who possessed the relevant data and extensive legal research which they had carefully
13 analyzed. Class Counsel engaged in extensive factual investigation before settling. The Parties
14 also participated in a full day of mediation with a highly experienced and well-known mediator,
15 Gig Kyriacou, Esq.
16 4. Based on my independent investigations and evaluations, I am of the opinion that
17 the proposed settlement is fair, reasonable, and adequate, and is in the best interests of the Class
18 Members, in light of all known facts and circumstances, and the expenses and risks inherent in
19 litigation. The settlement was negotiated at arm's length and was facilitated by an experienced
20 and neutral mediator. Thus, this settlement should be granted final approval.
21 5. I was retained based upon a contingency fee arrangement wherein Plaintiffs
22 counsel agreed to advance all costs and receive no fee unless a recovery was accomplished.
23 Specifically, had Plaintiff failed to prevail on these cases, counsel for Plaintiff would have spent
24 a significant amount of time, money and other resources without any benefit or return. In
25 addition, had Plaintiff also failed to prevail in the present cases, Defendant would have been able
26 to seek costs in connection with their defense of the case.
27 6. I graduated from UCLA Law School in 1993 and was admitted to the California
28 Bar in 1994. Since that time, I have acquired substantial experience in employment litigation. I
2
DECLARATION OF WILLIAM L. MARDER IN SUPPORT OF PLAINTIFF'S MOTION FOR FINAL APPROVAL
OF CLASS ACTION SETTLEMENT
1 have represented both plaintiffs and defendants. I estimate that I have handled more than 3 00
2 employment cases, litigating cases in state and federal courts.
3 7. I have defended large institutional employers in employment cases. From 1995-
4 1997, as an associate at Bolling, Walter & Gawthrop in Sacramento, I represented the City of
5 Sacramento, Yolo County, the City of Davis, Solano County, and other employers in
6 employment litigation in state and federal courts.
7 8. From 1997-2000, I served as a Deputy County Counsel in San Benito, handling
8 all of its employment matters. These matters include advising the county on compliance with
9 wage and hour laws, arbitrations, and litigation.
10 9. From 2002-2006, I was a partner at Paxton O'Brien, LLP in Hollister, an AV
11 rated firm, where I represented numerous plaintiffs and defendants in employment lawsuits.
12 10. In 2006, I co-founded the Polaris Law Group where I spend most of my time
13 handling employment cases. I primarily represent employees.
14 11. I have been the sole trial attorney in two jury trials in which I represented a
15 plaintiff who prevailed on wrongful termination claims brought pursuant to the California Fair
16 Employment & Housing Act, California Government § 12900 et seq. These three cases are:
17 Gamayo v. Drobny Law Offices, Sacramento Superior Court Case No.: 34-2008-00005372CU;
18 and Cherub Berlanga v. Willow Grove School District, San Benito County Superior Case No.:
19 CU-09-00100.
20 12. I have been the sole trial attorney in two court trials in which I represented
21 plaintiffs who prevailed on wage and hour claims. These cases are: Smith v. Joyce, Monterey
22 County Superior Court Case No.: M74334; and Nava v. Rodriguez, San Benito County Superior
23 Court Case No.: CU-08-00022.
24 13. To date, I have incurred approximately 35.9 hours in the prosecution of this
25 matter, with an hourly rate of $800.00 per hour. The total lodestar for my hours will be
26 approximately $28,720.00. Attached as Exhibit A is a summary ofmy hours and tasks on this
27 matter.
28 14. Since at least 2020, I have been approved at an hourly rate of $750.00 per hour by
3
DECLARATION OF WILLIAM L. MARDER IN SUPPORT OF PLAINTIFF'S MOTION FOR FINAL APPROVAL
OF CLASS ACTION SETTLEMENT
1 various Courts. Examples of these Courts include the following cases: Hernandez v. Wells Fargo
2 Bank, Santa Clara County Superior Court Case No. 16CV299319, Carrillo v. New Balance
3 Athletics, Inc., Santa Clara County Superior Court Case No. 19CV352469; Ramirez v. Walgreen
4 Co., United States District Court, Northern District of California Case No. 18-cv-03921-EJD,
5 Chavez v. Converse, Inc., United States District Court, Northern District of California Case No.
6 15-cv-03746-NC; Foster v. Schindler Elevator Corporation, Alameda County Superior Court
7 Case No. RG 19029640; Foaad Hanna v. Equinix, LLC, Santa Clara County Superior Court Case
8 No. 18CV339365; Alicia Harris v. 24 Seven LLC, Los Angeles County Superior Court Case No.
9 BC720144; Mary Della Maggiora v. Watsonville Community Hospital, Santa Cruz County
10 Superior Court Case No. 18CV00191; Pittman v. Martinez Steel Corporation, San Bernardino
11 County Superior Court Case No.CIVDS1823132; Michael Randolph v. Pacific Racing
12 Association, Alameda County Superior Court Case No. RG18908139; Markham v. Quik Stop
13 Markets, Inc., Santa Clara County Superior Court Case No. l 9CV34 l 582; Siron v. Raypak, Inc.,
14 Ventura County Superior Court Case No. 56-2019-005279959-CU-OE-VTA; Carter v. Kline
15 Services, Inc., San Bernardino County Superior Court Case No. CIVDS1828867, and Prexxie
16 Pascual and Arturo Fonseca v. Satellite Healthcare, Inc., Santa Clara County Superior Court
17 Case No. 19CV3452 l 1. I was approved at an hourly rate of $800.00 per hour in Martinez and
18 Acosta v. City of Hope National Medical Center, et al., San Bernardino County Superior Court
19 Case No. CIVDS2015729, Jaime Moen v. Genentech, Inc., San Diego County Superior Court
20 Case No. 37-2021-00008619-CU-OE-CTL, Murray v. Granite Wellness Centers et al., Nevada
21 County Superior Court Case No. CU20-084680, and Smith, et al. v. Clean Harbors
22 Environmental Services, Inc., Sacramento County Superior Court Case No. 34-2021-00292526.
23 II
24 II
25 II
26 II
27 II
28 II
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DECLARATION OF WILLIAM L. MARDER IN SUPPORT OF PLAINTIFF'S MOTION FOR FINAL APPROVAL
OF CLASS ACTION SETTLEMENT
1 15. I do not have any conflicts of interest with the proposed cy pres recipient, the
2 State Bar Justice Gap Fund.
3 I declare under penalty of perjury under the laws of the State of California that the
4 foregoing is true and correct.
5 Executed on this LQ"~ay of August 202~ : :i~ ~ -
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William L. Marder
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DECLARATION OF WILLIAM L. MARDER IN SUPPORT OF PLAINTIFF'S MOTION FOR FINAL APPROVAL
OF CLASS ACTION SETTLEMENT
EXHIBIT A
Tice v Trader Joe's Company
(Case No. 20CV00892)
William L. Marder Time and Task Chart
14.7 Perform client intake and interview; analyze and review documents provided by
client upon receipt; confer with co-counsel re anticipated claims and discuss
same with client.
2.4 Confer with client re discovery; conduct further interview and discussion with
client re progress of case.
1.9 Analyze and review pleadings re motion to compel special interrogatories;
confer with client re same.
3.4 Analyze and review pleadings re motion for class certification; confer with
client re same.
2.3 Analyze and review pleadings re motion to strike PAGA claim; confer with
client re same.
1.2 Analyze and review pleadings re motion to quash subpoena; confer with client
re same.
3.1 Confer with client re proposed mediation; discuss data and further questions
with client in advance of mediation.
1.6 Confer with client post-mediation; address follow up questions re same.
3.4 Confer with client and co-counsel re proposed settlement; analyze, review, and
further revise settlement agreement and supporting documents.
1.9 Draft and revise documentation in support of approval motions for settlement.
35.9 TOTAL HOURS
Preview
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 WILLIAM L. MARDER IN SUPPORT OF PLAINTIFF'S 20 TRADER JOE'S COMPANY, a California MOTION FOR FINAL APPROVAL OF corporation; and DOES 1 through 50, CLASS 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 DECLARATION OF WILLIAM L. MARDER IN SUPPORT OF PLAINTIFF'S MOTION FOR FINAL APPROVAL OF CLASS ACTION SETTLEMENT 1 DECLARATION OF WILLIAM L. MARDER 2 I, William L. Marder, hereby declare and state as follows: 3 1. I am an attorney at law duly admitted to practice before all courts in the State of 4 California and am a partner of the law firm of the Polaris Law Group, one of the attorneys of 5 record for Plaintiff Victoria Tice ("Plaintiff'), in the above-entitled action. I have personal 6 knowledge of the matters set forth herein, and if called upon as a witness to testify thereto, I 7 could and would competently do so. 8 2. The proposed settlement meets the criteria for this Court to grant final approval of 9 this matter on a class-wide basis, as the settlement is fair, adequate, and reasonable. 10 3. The Joint Stipulation of Class Action Settlement ("Settlement Agreement") was 11 the product of arm's length negotiations between highly able and experienced attorneys on both 12 sides who possessed the relevant data and extensive legal research which they had carefully 13 analyzed. Class Counsel engaged in extensive factual investigation before settling. The Parties 14 also participated in a full day of mediation with a highly experienced and well-known mediator, 15 Gig Kyriacou, Esq. 16 4. Based on my independent investigations and evaluations, I am of the opinion that 17 the proposed settlement is fair, reasonable, and adequate, and is in the best interests of the Class 18 Members, in light of all known facts and circumstances, and the expenses and risks inherent in 19 litigation. The settlement was negotiated at arm's length and was facilitated by an experienced 20 and neutral mediator. Thus, this settlement should be granted final approval. 21 5. I was retained based upon a contingency fee arrangement wherein Plaintiffs 22 counsel agreed to advance all costs and receive no fee unless a recovery was accomplished. 23 Specifically, had Plaintiff failed to prevail on these cases, counsel for Plaintiff would have spent 24 a significant amount of time, money and other resources without any benefit or return. In 25 addition, had Plaintiff also failed to prevail in the present cases, Defendant would have been able 26 to seek costs in connection with their defense of the case. 27 6. I graduated from UCLA Law School in 1993 and was admitted to the California 28 Bar in 1994. Since that time, I have acquired substantial experience in employment litigation. I 2 DECLARATION OF WILLIAM L. MARDER IN SUPPORT OF PLAINTIFF'S MOTION FOR FINAL APPROVAL OF CLASS ACTION SETTLEMENT 1 have represented both plaintiffs and defendants. I estimate that I have handled more than 3 00 2 employment cases, litigating cases in state and federal courts. 3 7. I have defended large institutional employers in employment cases. From 1995- 4 1997, as an associate at Bolling, Walter & Gawthrop in Sacramento, I represented the City of 5 Sacramento, Yolo County, the City of Davis, Solano County, and other employers in 6 employment litigation in state and federal courts. 7 8. From 1997-2000, I served as a Deputy County Counsel in San Benito, handling 8 all of its employment matters. These matters include advising the county on compliance with 9 wage and hour laws, arbitrations, and litigation. 10 9. From 2002-2006, I was a partner at Paxton O'Brien, LLP in Hollister, an AV 11 rated firm, where I represented numerous plaintiffs and defendants in employment lawsuits. 12 10. In 2006, I co-founded the Polaris Law Group where I spend most of my time 13 handling employment cases. I primarily represent employees. 14 11. I have been the sole trial attorney in two jury trials in which I represented a 15 plaintiff who prevailed on wrongful termination claims brought pursuant to the California Fair 16 Employment & Housing Act, California Government § 12900 et seq. These three cases are: 17 Gamayo v. Drobny Law Offices, Sacramento Superior Court Case No.: 34-2008-00005372CU; 18 and Cherub Berlanga v. Willow Grove School District, San Benito County Superior Case No.: 19 CU-09-00100. 20 12. I have been the sole trial attorney in two court trials in which I represented 21 plaintiffs who prevailed on wage and hour claims. These cases are: Smith v. Joyce, Monterey 22 County Superior Court Case No.: M74334; and Nava v. Rodriguez, San Benito County Superior 23 Court Case No.: CU-08-00022. 24 13. To date, I have incurred approximately 35.9 hours in the prosecution of this 25 matter, with an hourly rate of $800.00 per hour. The total lodestar for my hours will be 26 approximately $28,720.00. Attached as Exhibit A is a summary ofmy hours and tasks on this 27 matter. 28 14. Since at least 2020, I have been approved at an hourly rate of $750.00 per hour by 3 DECLARATION OF WILLIAM L. MARDER IN SUPPORT OF PLAINTIFF'S MOTION FOR FINAL APPROVAL OF CLASS ACTION SETTLEMENT 1 various Courts. Examples of these Courts include the following cases: Hernandez v. Wells Fargo 2 Bank, Santa Clara County Superior Court Case No. 16CV299319, Carrillo v. New Balance 3 Athletics, Inc., Santa Clara County Superior Court Case No. 19CV352469; Ramirez v. Walgreen 4 Co., United States District Court, Northern District of California Case No. 18-cv-03921-EJD, 5 Chavez v. Converse, Inc., United States District Court, Northern District of California Case No. 6 15-cv-03746-NC; Foster v. Schindler Elevator Corporation, Alameda County Superior Court 7 Case No. RG 19029640; Foaad Hanna v. Equinix, LLC, Santa Clara County Superior Court Case 8 No. 18CV339365; Alicia Harris v. 24 Seven LLC, Los Angeles County Superior Court Case No. 9 BC720144; Mary Della Maggiora v. Watsonville Community Hospital, Santa Cruz County 10 Superior Court Case No. 18CV00191; Pittman v. Martinez Steel Corporation, San Bernardino 11 County Superior Court Case No.CIVDS1823132; Michael Randolph v. Pacific Racing 12 Association, Alameda County Superior Court Case No. RG18908139; Markham v. Quik Stop 13 Markets, Inc., Santa Clara County Superior Court Case No. l 9CV34 l 582; Siron v. Raypak, Inc., 14 Ventura County Superior Court Case No. 56-2019-005279959-CU-OE-VTA; Carter v. Kline 15 Services, Inc., San Bernardino County Superior Court Case No. CIVDS1828867, and Prexxie 16 Pascual and Arturo Fonseca v. Satellite Healthcare, Inc., Santa Clara County Superior Court 17 Case No. 19CV3452 l 1. I was approved at an hourly rate of $800.00 per hour in Martinez and 18 Acosta v. City of Hope National Medical Center, et al., San Bernardino County Superior Court 19 Case No. CIVDS2015729, Jaime Moen v. Genentech, Inc., San Diego County Superior Court 20 Case No. 37-2021-00008619-CU-OE-CTL, Murray v. Granite Wellness Centers et al., Nevada 21 County Superior Court Case No. CU20-084680, and Smith, et al. v. Clean Harbors 22 Environmental Services, Inc., Sacramento County Superior Court Case No. 34-2021-00292526. 23 II 24 II 25 II 26 II 27 II 28 II 4 DECLARATION OF WILLIAM L. MARDER IN SUPPORT OF PLAINTIFF'S MOTION FOR FINAL APPROVAL OF CLASS ACTION SETTLEMENT 1 15. I do not have any conflicts of interest with the proposed cy pres recipient, the 2 State Bar Justice Gap Fund. 3 I declare under penalty of perjury under the laws of the State of California that the 4 foregoing is true and correct. 5 Executed on this LQ"~ay of August 202~ : :i~ ~ - 6 7 William L. Marder 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5 DECLARATION OF WILLIAM L. MARDER IN SUPPORT OF PLAINTIFF'S MOTION FOR FINAL APPROVAL OF CLASS ACTION SETTLEMENT EXHIBIT A Tice v Trader Joe's Company (Case No. 20CV00892) William L. Marder Time and Task Chart 14.7 Perform client intake and interview; analyze and review documents provided by client upon receipt; confer with co-counsel re anticipated claims and discuss same with client. 2.4 Confer with client re discovery; conduct further interview and discussion with client re progress of case. 1.9 Analyze and review pleadings re motion to compel special interrogatories; confer with client re same. 3.4 Analyze and review pleadings re motion for class certification; confer with client re same. 2.3 Analyze and review pleadings re motion to strike PAGA claim; confer with client re same. 1.2 Analyze and review pleadings re motion to quash subpoena; confer with client re same. 3.1 Confer with client re proposed mediation; discuss data and further questions with client in advance of mediation. 1.6 Confer with client post-mediation; address follow up questions re same. 3.4 Confer with client and co-counsel re proposed settlement; analyze, review, and further revise settlement agreement and supporting documents. 1.9 Draft and revise documentation in support of approval motions for settlement. 35.9 TOTAL HOURS