On March 08, 2021 a
Order
was filed
involving a dispute between
Gutierrez, Francisco,
Lopez, Oscar,
and
El & El Wood Products Corporation, A California Corporation,
for JCCP Case
in the District Court of San Bernardino County.
Preview
Edwin Aiwazian (SBN 232943)
fl
Arby Aiwazian (SBN 269827) l”%t' DAUFORNIA
‘
C
ER'OR COUm '_ ARDINO ‘
Joanna Ghosh (SBN 272479) s%%U?:lTY CF SAN‘rmRLJ R‘CT
D?ST
Annabel Blanchard (SBN 258135) SAN BERHAFL‘m {I}
LAWYERSfor JUSTICE, PC
410 West Arden Avenue. Suite 203 AUG 17 2023
Glendale, California 91203 ....
l") ';/}
Tel: (818) 265-1020 / Fax: (818) 265-1021 52;!'/’7
BY
'fiféfii MORAL .SRJEPUTY
Attorneysfor Plaintiff OSCAR LOPEZ
Richard A. Hoyer (SBN 151931)
Ryan L. Hicks (SBN 260284)
HOYER & HICKS
4 Embarcadero Center, Suite 1400
San Francisco, California 941 ll
Tel: (415) 766-3539 / Fax: (415) 276-1738
10 Attorneysfor Plaintiff FRANCISCO GUTIERREZ
11
SUPERIOR COURT OF THE STATE OF CALIFORNIA
12
FOR THE COUNTY OF SAN BERNARDINO
13
Coordination Proceeding Special Title Judicial Council Coordination Proceeding
14 (Rule 3.550) Case No.: JCCP 5171
15 EL & EL WOOD WAGE AND HOUR Honorable David S. Cohn
CASES Department S-26
l6
Included Actions: CLASS ACTION
17
18
Lopez v. El & El Wood Products Corp. [PM] ORDER GRANTING
PRELIMINARY APPROVAL 0F CLASS
Gutierrez v. El & El Wood Products Corp. ACTION SETTLEMENT
19
Date: August 15, 2023
20 Time: 9:00 a.m.
Department: 826
21
Lopez Complaint: May 8, 2019
22
Gutierrez Complaint: November 7, 2019
23
Trial Date: None Set
24
25
HA
26 x
""‘—
27
28 ”7V
[PROPOSED] ORDER GRANTING PRELIMINARY APPROVAL 0F CLASS ACTION SETTLEMENT
This matter has come before the Honorable David S. Cohn in Department S-26 of the
Superior Court of the State of Califomia, for the County of San Bemardino, on August 15, 2023 at
9:00 a.m. for Plaintiffs’ Motion for Preliminary Approval of Class Action Settlement. Lawyersfor
Justice, PC appears as counsel for Plaintiff Oscar Lopez and Hoyer & Hicks appear as counsel for
PlaintiffFrancisco Gutierrez (“Plaintiffs”), individually and on behalf of all others similarly situated
and other aggrieved employees, and Fisher & Phillips LLP appears as counsel for Defendant El &
El Wood Products Corp. (“Defendant”).
The Court, having carefully considered the papers, argument of counsel, and all matters
presented to the Court, and good cause appearing, hereby GRANTS Plaintiffs’ Motion for
10 Preliminary Approval of Class Action Settlement.
11 IT IS HEREBY ORDERED THAT:
12 l. The Court preliminarily approves the Class and Representative Action Settlement
l3 Agreement (“Settlement” or “Agreement”) attached as “EXHIBIT 1" to the Declaration of Annabel
14 Blanchard in Support of Plaintiffs’ Motion for Preliminary Approval of Class Action Settlement.
15 This is based on the Court’s determination that the Settlement falls within the range of possible
16 approval as fair, adequate, and reasonable.
17 2. This Order incorporates by reference the definitions in the Settlement Agreement.
l8 and all capitalized terms defined therein shall have the same meaning in this Order as set forth in the
19 Settlement Agreement.
20 3. It appears to the Court on a preliminary basis that the Settlement is fair, adequate
21 and reasonable. lt appears to the Court that extensive investigation and research have been conducted
22 such that counsel for the parties at this time are able to reasonably evaluate their respective positions.
23 It further appears to the Court that the Settlement, at this time, will avoid substantial additional costs
24 by all parties, as well as avoid the delay and risks that would be presented by the further prosecution
25 of the case. It further appears that the Settlement has been reached as the result of intensive, serious
26 and non-collusive, arms-length negotiations, and was entered into in good faith.
27 ///
28 ///
l
[PROPOSED] ORDER GRANTING PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT
Document Filed Date
August 17, 2023
Case Filing Date
March 08, 2021
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Edwin Aiwazian (SBN 232943) fl Arby Aiwazian (SBN 269827) l”%t' DAUFORNIA ‘ C ER'OR COUm '_ ARDINO ‘ Joanna Ghosh (SBN 272479) s%%U?:lTY CF SAN‘rmRLJ R‘CT D?ST Annabel Blanchard (SBN 258135) SAN BERHAFL‘m {I} LAWYERSfor JUSTICE, PC 410 West Arden Avenue. Suite 203 AUG 17 2023 Glendale, California 91203 .... l") ';/} Tel: (818) 265-1020 / Fax: (818) 265-1021 52;!'/’7 BY 'fiféfii MORAL .SRJEPUTY Attorneysfor Plaintiff OSCAR LOPEZ Richard A. Hoyer (SBN 151931) Ryan L. Hicks (SBN 260284) HOYER & HICKS 4 Embarcadero Center, Suite 1400 San Francisco, California 941 ll Tel: (415) 766-3539 / Fax: (415) 276-1738 10 Attorneysfor Plaintiff FRANCISCO GUTIERREZ 11 SUPERIOR COURT OF THE STATE OF CALIFORNIA 12 FOR THE COUNTY OF SAN BERNARDINO 13 Coordination Proceeding Special Title Judicial Council Coordination Proceeding 14 (Rule 3.550) Case No.: JCCP 5171 15 EL & EL WOOD WAGE AND HOUR Honorable David S. Cohn CASES Department S-26 l6 Included Actions: CLASS ACTION 17 18 Lopez v. El & El Wood Products Corp. [PM] ORDER GRANTING PRELIMINARY APPROVAL 0F CLASS Gutierrez v. El & El Wood Products Corp. ACTION SETTLEMENT 19 Date: August 15, 2023 20 Time: 9:00 a.m. Department: 826 21 Lopez Complaint: May 8, 2019 22 Gutierrez Complaint: November 7, 2019 23 Trial Date: None Set 24 25 HA 26 x ""‘— 27 28 ”7V [PROPOSED] ORDER GRANTING PRELIMINARY APPROVAL 0F CLASS ACTION SETTLEMENT This matter has come before the Honorable David S. Cohn in Department S-26 of the Superior Court of the State of Califomia, for the County of San Bemardino, on August 15, 2023 at 9:00 a.m. for Plaintiffs’ Motion for Preliminary Approval of Class Action Settlement. Lawyersfor Justice, PC appears as counsel for Plaintiff Oscar Lopez and Hoyer & Hicks appear as counsel for PlaintiffFrancisco Gutierrez (“Plaintiffs”), individually and on behalf of all others similarly situated and other aggrieved employees, and Fisher & Phillips LLP appears as counsel for Defendant El & El Wood Products Corp. (“Defendant”). The Court, having carefully considered the papers, argument of counsel, and all matters presented to the Court, and good cause appearing, hereby GRANTS Plaintiffs’ Motion for 10 Preliminary Approval of Class Action Settlement. 11 IT IS HEREBY ORDERED THAT: 12 l. The Court preliminarily approves the Class and Representative Action Settlement l3 Agreement (“Settlement” or “Agreement”) attached as “EXHIBIT 1" to the Declaration of Annabel 14 Blanchard in Support of Plaintiffs’ Motion for Preliminary Approval of Class Action Settlement. 15 This is based on the Court’s determination that the Settlement falls within the range of possible 16 approval as fair, adequate, and reasonable. 17 2. This Order incorporates by reference the definitions in the Settlement Agreement. l8 and all capitalized terms defined therein shall have the same meaning in this Order as set forth in the 19 Settlement Agreement. 20 3. It appears to the Court on a preliminary basis that the Settlement is fair, adequate 21 and reasonable. lt appears to the Court that extensive investigation and research have been conducted 22 such that counsel for the parties at this time are able to reasonably evaluate their respective positions. 23 It further appears to the Court that the Settlement, at this time, will avoid substantial additional costs 24 by all parties, as well as avoid the delay and risks that would be presented by the further prosecution 25 of the case. It further appears that the Settlement has been reached as the result of intensive, serious 26 and non-collusive, arms-length negotiations, and was entered into in good faith. 27 /// 28 /// l [PROPOSED] ORDER GRANTING PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT