On October 04, 2021 a
Motion,Ex Parte
was filed
involving a dispute between
Harper, Richard,
and
Does 1 Through 20,
Hamner Towing, Inc.,
for Complex Civil Unlimited
in the District Court of San Bernardino County.
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G NA I
L.
FILES
SUPER|OR COURT OF CALIFORNIA
Brian Mankin, Esq. [CSB No. 216228]
J. COUNTY 0F SAN BERNARDINO
brian@lmlfirm. com SAN BERNARDINO DISTRICT
Kristina Bui Carlson, Es
q [ CSB N0. 294924 ].
kristina@lmlfirm.com
JUN 2 O 2023
LAUBY, MANKIN & LAUBY LLP
5198 Arlington Avenue, 5 13 PMB
Riverside, 92504 CA BY... '
Tel: (951) 320-1444 Fax: (951) 320-14
45
l ARADELS' RJZO, DEPUTY
Attorneys for Plaintiff, on a representative basis
and on behalf of all others similarly situated
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF SAN BERNARDINO
10
11 RICHARD HARPER, individually, on a Case No.1 CIVSB 2127523
representative basis, and on behalf of all [ASSigned 10 H0” Judge DaVid
12 COM, Dept
others similarly situated; S26’f0r allpurposes]
13
Plaintiff,
14
DECLARATION OF PLAINTIFF
VS-
RICHARD HARPER IN SUPPORT OF
PLAINTIFF’S MOTION FOR FINAL
15
HAMNER TOWING, INC., a Callfomia ‘
APPROVAL OF CLASS ACTION
16
SETTLEMENT
Corporation; and DOES 1 through 20, CETH
inclusive;
17
'
Defendants.
C omplamt filed ; October 4, 2021
18
19
A8
I, Richard Harper, state and declare:
20 1. I am a Plaintiff in the above captioned action and
have personal knowledge of all XV:|
21 matters stated herein and could competently
testify thereto. Imake this declaration in support of
22 the motion for final approval of the class action
settlement. Ibelieve that the settlement is fair
23 and reasonable and constitutes a fair resolution of the claims alleged.
24
2. During my employment with Defendant, [thought that were issues with my pay
25 as I felt that I was not being compensated for all my time worked. I started researching
26 California law and contacted attorneys regarding
issues with how I was paid.
27 3. Ithen contacted my attorneys (Lauby, Mankin & Lauby LLP) and discussed these
28 claims. As part of this discussion, I understood that I could either bring a class action to help all
DECLARATION 0F PLAINTIFF RICHARD HARPER IN SUPPORT OF MOTIO
N FOR FINAL APPROVAL
-1-
ofthe employees, but I would have to put their interests ahead of my own, or I could bring my
individual case and claims and attempt to maximize my individual recovery. This decision was
very difficult because I wanted to help everyone else that was wronged by the company, but I
also wanted maximize my individual recovery. I was also concerned that, if I brought this as a
class action, Imight get labeled as a whistleblower, which might make it hard to find a job in
tow truck industry in the future. I eventually decided that — —
despite the risks it was important to
bring these claims as a class action to hold the
company accountable for how they treated their
employees.
4. Irespectfully request that the Court approve the agreed-upon
service award for
10 the following reasons.
ll 5. First, Ihave spent at least 50 hours engaged in activities to benefit the class. I
12 have been an active participant in this litigation, including assisting
my attorneys in various ways
13 and making myself available when needed. For example, I have assisted my attorneys by
14 compiling and analyzing substantial documentation regarding
claims. I also helped to explain
15 and discuss the company’s practices and their general practices and procedures, locating and
16 analyzing company documents, among others. I also assisted in settlement discussions, helped
17 obtain a highly favorable result for the class, and reviewed
all settlement documents and believe
18 that this settlement is fair for the class.
19 6. Second, I respectfully request that the Court approve the agreed—upon
service
20 award because agreed to
I set aside my personal interests and to put the interests of the class
21 ahead or on par with my own. In fact, as a condition of this class action settlement and
the
22 individual settlement I have agreed to with the company, I was required waive all possible
23 individual claims against the company.
24 7. Third, by bringing this case as a class action, Iundertook significant risks and
25 stresses at a high emotional cost without any guarantee 0f success. For example, filing this
26 lawsuit and being a Whistle blower was stressful on a day-to-day basis as I have constantly
27 worried about the risk that this case could impact my ability to find future jobs. This stress/risk
28 lasted for the entire case, and I’m worried it Will continue t0 make it hard to find a job in the
DECLARATION OF PLAINTIFF RICHARD HARPER IN SUPPORT OF MOTION FOR FINAL APPROVAL
-2-
Document Filed Date
June 20, 2023
Case Filing Date
October 04, 2021
Category
Complex Civil Unlimited
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G NA I L. FILES SUPER|OR COURT OF CALIFORNIA Brian Mankin, Esq. [CSB No. 216228] J. COUNTY 0F SAN BERNARDINO brian@lmlfirm. com SAN BERNARDINO DISTRICT Kristina Bui Carlson, Es q [ CSB N0. 294924 ]. kristina@lmlfirm.com JUN 2 O 2023 LAUBY, MANKIN & LAUBY LLP 5198 Arlington Avenue, 5 13 PMB Riverside, 92504 CA BY... ' Tel: (951) 320-1444 Fax: (951) 320-14 45 l ARADELS' RJZO, DEPUTY Attorneys for Plaintiff, on a representative basis and on behalf of all others similarly situated SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SAN BERNARDINO 10 11 RICHARD HARPER, individually, on a Case No.1 CIVSB 2127523 representative basis, and on behalf of all [ASSigned 10 H0” Judge DaVid 12 COM, Dept others similarly situated; S26’f0r allpurposes] 13 Plaintiff, 14 DECLARATION OF PLAINTIFF VS- RICHARD HARPER IN SUPPORT OF PLAINTIFF’S MOTION FOR FINAL 15 HAMNER TOWING, INC., a Callfomia ‘ APPROVAL OF CLASS ACTION 16 SETTLEMENT Corporation; and DOES 1 through 20, CETH inclusive; 17 ' Defendants. C omplamt filed ; October 4, 2021 18 19 A8 I, Richard Harper, state and declare: 20 1. I am a Plaintiff in the above captioned action and have personal knowledge of all XV:| 21 matters stated herein and could competently testify thereto. Imake this declaration in support of 22 the motion for final approval of the class action settlement. Ibelieve that the settlement is fair 23 and reasonable and constitutes a fair resolution of the claims alleged. 24 2. During my employment with Defendant, [thought that were issues with my pay 25 as I felt that I was not being compensated for all my time worked. I started researching 26 California law and contacted attorneys regarding issues with how I was paid. 27 3. Ithen contacted my attorneys (Lauby, Mankin & Lauby LLP) and discussed these 28 claims. As part of this discussion, I understood that I could either bring a class action to help all DECLARATION 0F PLAINTIFF RICHARD HARPER IN SUPPORT OF MOTIO N FOR FINAL APPROVAL -1- ofthe employees, but I would have to put their interests ahead of my own, or I could bring my individual case and claims and attempt to maximize my individual recovery. This decision was very difficult because I wanted to help everyone else that was wronged by the company, but I also wanted maximize my individual recovery. I was also concerned that, if I brought this as a class action, Imight get labeled as a whistleblower, which might make it hard to find a job in tow truck industry in the future. I eventually decided that — — despite the risks it was important to bring these claims as a class action to hold the company accountable for how they treated their employees. 4. Irespectfully request that the Court approve the agreed-upon service award for 10 the following reasons. ll 5. First, Ihave spent at least 50 hours engaged in activities to benefit the class. I 12 have been an active participant in this litigation, including assisting my attorneys in various ways 13 and making myself available when needed. For example, I have assisted my attorneys by 14 compiling and analyzing substantial documentation regarding claims. I also helped to explain 15 and discuss the company’s practices and their general practices and procedures, locating and 16 analyzing company documents, among others. I also assisted in settlement discussions, helped 17 obtain a highly favorable result for the class, and reviewed all settlement documents and believe 18 that this settlement is fair for the class. 19 6. Second, I respectfully request that the Court approve the agreed—upon service 20 award because agreed to I set aside my personal interests and to put the interests of the class 21 ahead or on par with my own. In fact, as a condition of this class action settlement and the 22 individual settlement I have agreed to with the company, I was required waive all possible 23 individual claims against the company. 24 7. Third, by bringing this case as a class action, Iundertook significant risks and 25 stresses at a high emotional cost without any guarantee 0f success. For example, filing this 26 lawsuit and being a Whistle blower was stressful on a day-to-day basis as I have constantly 27 worried about the risk that this case could impact my ability to find future jobs. This stress/risk 28 lasted for the entire case, and I’m worried it Will continue t0 make it hard to find a job in the DECLARATION OF PLAINTIFF RICHARD HARPER IN SUPPORT OF MOTION FOR FINAL APPROVAL -2-