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LORIGINAL
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LAW OFFICE OF SCOTT ERNEST WHEELER
Scott ErnestWheeler (SBN 187998)
Wheeler (SBN 342226)
Justin A.
250 West First Street, Suite 216
Claremont, California 91 711
Telephone: (909) 621-4988
Facsimile: (909) 621-4622
@
Email: sew scottwheelerlawoffice.com
SUPERIOR
Ecouifi’T E 5
OFQALIFOHNIA
jaw@scottwheelerlawoffice.com
COUNTY OF SAN BERNARD'NO
SAN BERNARDINO DISTWCT
Attorneysfor Plaintifland the Putative Class ,
NON
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EJEC
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PAOLAINI 5 Deputy
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SUPERIOR COURT OF THE STATE OF CALIFORNIA
11
FOR THE COUNTY OF SAN BERNARDINO
12
SAN BERNARDINO DISTRICT
13
14
MARIA VILLEGAS, individually, and CASE NO. CIVDS 2020848
15 0n behalf of all others similarly situated,
[Hon. David Cohn, Dept. S-26]
16 Plaintiff,
17 V. DECLARATION 0F SCOTT E. WHEELER
IN SUPPORT 0F PLAINTIFF’S MOTION
18 MYOJo USA, INC, a corporation; FOR PRELIMINARY APPROVAL 0F
SQUARE ONE STAFFING; and DOES 1 CLASS ACTION SETTLEMENT FILED
19 through 50, inclusive, 0N BEHALF 0F PLAINTIFF MARIA
20
VILLEGAS
Defendants.
21 Date: January 24, 2023
Time: 10:00 am.
22 Dept: S-26
23
Action Filed: September 1, 2020
24 Trial Date: None Set
25
26
27
28
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DECLARATION OF SCOTT E. WHEELER IN SUPPORT OF PLAINTIFF’S MOTION FOR PRELIMINARY APPROVAL OF CLASS
ACTION SETTLEMENT FILED ON BEHALF OF PLAINTIFF, MARIA VILLEGAS
DECLARATION OF SCOTT ERNEST WHEELER
I, Scott Ernest Wheeler, hereby declare as follows:
1. I am an attorney at law, licensed t0 practice in the State of California. I am the
principal of the Law Office of Scott E. Wheeler. My firm served as counsel of record for Plaintiff
in the above—captioned action. I make this declaration on the basis of personal firsthand knowledge
unless another source of information or belief clearly appears from the context, and as to all such
V0
matters, I believe them to be true. If called as a witness, I could and would readily and competently
testify to all matters stated Within.
2. I make this declaration in support 0f Plaintiff’s unopposed Motion for Preliminary
10 Approval 0f Class Action Settlement.
11 3. Based on my initial investigation and what I have learned through informal
12 discovery, I understand that Myojo USA, Inc. (“Myojo”) is a corporation licensed to do business
13 in California, which does business in San Bernardino, California. Square One Staffing (“Square
14 One”) is a corporation licensed t0 do business in California, which does business in San Bernardino,
15 California. Maria Villegas (“Plaintiff”) was a non-exempt employee hired by Square One and
16 placed to work at Myojo (collectively “Defendants”) from approximately December of 2019,
17 through January 3, 2020.
18 Background
19 4. On September 25, 2020, Plaintiff commenced this action against Defendants in this
20 Court as a representative action under the Private Attorney Generals Act 0f 2004 (“PAGA”), Labor
21 Code §2699, et. seq. alleging one cause of action based upon the following California Labor Code
22 Violations: 1) failure to provide required meal periods, 2) failure to provide required rest periods,
23 3) failure to pay overtime wages, 4) failure t0 pay minimum wages, 5) failure to wages due
pay all
24 to discharged and quitting employees, 6) failure t0 pay timely wages, 7) failure to maintain required
25 records, 8) failure to filmish accurate itemized statements, 9) failure to indemnify employees for
26 necessary expenditures incurred in discharge of duties, and 10) failure to provide notice of
27 employer related information.
28 5. After determining that Plaintiff did not sign an arbitration agreement, 0n February
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DECLARATION OF SCOTT E‘ WHEELER IN SUPPORT OF PLAINTIFF’S MOTION FOR PRELIMINARY APPROVAL OF CLASS
ACTION SETTLEMENT FILED ON BEHALF OF PLAINTIFF, MARIA VILLEGAS
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LORIGINAL O , ,0 LAW OFFICE OF SCOTT ERNEST WHEELER Scott ErnestWheeler (SBN 187998) Wheeler (SBN 342226) Justin A. 250 West First Street, Suite 216 Claremont, California 91 711 Telephone: (909) 621-4988 Facsimile: (909) 621-4622 @ Email: sew scottwheelerlawoffice.com SUPERIOR Ecouifi’T E 5 OFQALIFOHNIA jaw@scottwheelerlawoffice.com COUNTY OF SAN BERNARD'NO SAN BERNARDINO DISTWCT Attorneysfor Plaintifland the Putative Class , NON ‘1 ‘3 EJEC 5 , r» U 25 Z 2 r‘p f ' ’1. ~41. . PAOLAINI 5 Deputy 10. SUPERIOR COURT OF THE STATE OF CALIFORNIA 11 FOR THE COUNTY OF SAN BERNARDINO 12 SAN BERNARDINO DISTRICT 13 14 MARIA VILLEGAS, individually, and CASE NO. CIVDS 2020848 15 0n behalf of all others similarly situated, [Hon. David Cohn, Dept. S-26] 16 Plaintiff, 17 V. DECLARATION 0F SCOTT E. WHEELER IN SUPPORT 0F PLAINTIFF’S MOTION 18 MYOJo USA, INC, a corporation; FOR PRELIMINARY APPROVAL 0F SQUARE ONE STAFFING; and DOES 1 CLASS ACTION SETTLEMENT FILED 19 through 50, inclusive, 0N BEHALF 0F PLAINTIFF MARIA 20 VILLEGAS Defendants. 21 Date: January 24, 2023 Time: 10:00 am. 22 Dept: S-26 23 Action Filed: September 1, 2020 24 Trial Date: None Set 25 26 27 28 -1- DECLARATION OF SCOTT E. WHEELER IN SUPPORT OF PLAINTIFF’S MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT FILED ON BEHALF OF PLAINTIFF, MARIA VILLEGAS DECLARATION OF SCOTT ERNEST WHEELER I, Scott Ernest Wheeler, hereby declare as follows: 1. I am an attorney at law, licensed t0 practice in the State of California. I am the principal of the Law Office of Scott E. Wheeler. My firm served as counsel of record for Plaintiff in the above—captioned action. I make this declaration on the basis of personal firsthand knowledge unless another source of information or belief clearly appears from the context, and as to all such V0 matters, I believe them to be true. If called as a witness, I could and would readily and competently testify to all matters stated Within. 2. I make this declaration in support 0f Plaintiff’s unopposed Motion for Preliminary 10 Approval 0f Class Action Settlement. 11 3. Based on my initial investigation and what I have learned through informal 12 discovery, I understand that Myojo USA, Inc. (“Myojo”) is a corporation licensed to do business 13 in California, which does business in San Bernardino, California. Square One Staffing (“Square 14 One”) is a corporation licensed t0 do business in California, which does business in San Bernardino, 15 California. Maria Villegas (“Plaintiff”) was a non-exempt employee hired by Square One and 16 placed to work at Myojo (collectively “Defendants”) from approximately December of 2019, 17 through January 3, 2020. 18 Background 19 4. On September 25, 2020, Plaintiff commenced this action against Defendants in this 20 Court as a representative action under the Private Attorney Generals Act 0f 2004 (“PAGA”), Labor 21 Code §2699, et. seq. alleging one cause of action based upon the following California Labor Code 22 Violations: 1) failure to provide required meal periods, 2) failure to provide required rest periods, 23 3) failure to pay overtime wages, 4) failure t0 pay minimum wages, 5) failure to wages due pay all 24 to discharged and quitting employees, 6) failure t0 pay timely wages, 7) failure to maintain required 25 records, 8) failure to filmish accurate itemized statements, 9) failure to indemnify employees for 26 necessary expenditures incurred in discharge of duties, and 10) failure to provide notice of 27 employer related information. 28 5. After determining that Plaintiff did not sign an arbitration agreement, 0n February -2- DECLARATION OF SCOTT E‘ WHEELER IN SUPPORT OF PLAINTIFF’S MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT FILED ON BEHALF OF PLAINTIFF, MARIA VILLEGAS