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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Brian J. Mankin, Esq. [CSB No. 216228]
brian@lmlfirm. com
Kristina Bui Carlson, Esq. [CSB No. 294924]
kristina@lmlfirm. com
LAUBY, MANKIN & LAUBY LLP
5 198 ArlingtonAvenue, PMB 5 13
Riverside, CA 92504
Tel: (951) 320-1444 Fax: (951) 320-1445
|
Attorneys for Plaintiff, 0n a representative basis and on behalf of all others similarly situated
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF SAN BERNARDINO
11 RICHARD HARPER, individually, 0n a Case No.2 CIVSB 2127523
representative basis, and on behalf of all [ASSigned t0 Hon- Jadge DaVid C017”, Dept
12 S26’f0r allpurposes]
others similarly situated;
13
Plaintiff,
14
DECLARATION OF BRIAN J. MANKIN
vs. IN SUPPORT OF MOTION FOR
15 PRELIMINARY APPROVAL OF CLASS
HAMNER TOWING, INC., a California ACTION SETTLEMENT
Corporation; and DOES 1 through 20,
inclusive; Hearing
Date: March 9, 2023
GE'IH
Defendants- Time: 10:00 am.
Dept: $26
Complaint filed: October 4, 2021 A8
I, Brian J. Mankin, state and declare: XVd
ORIGINAL
1. I am an attorney licensed to practice before all 0f the courts of the State of
California. I manage the employmcnt department within my firm where I am also a Partner. I
25
represent Plaintiff in this action and I am thoroughly familiar with and have personal knowledge
26 of all 0f the facts set forth herein. I submit this declaration in support of Plaintiff’s Motion for
27
Preliminary Approval of this Class Action Settlement. If called as a witness, I could and would
28
competently testify thereto.
DECLARATION 0F BRIAN J. MANKIN IN SUPPORT 0F MOTION FOR PRELIMINARY APPROVAL
-1-
COUNSEL’S EXPERIENCE
2. I have been a member, in good standing, 0fthe State Bar of California since 2001.
I am admitted t0 practice in the United States District Courts for the Central and Southern
District 0f California and the Ninth Circuit Court of Appeal and have tried cases in various
courts in California.
3. I have handled over 500 employee employer
vs. litigation matters during my 22
years in practice. Over the last 15 years, my practice has almost entirely consisted of
representing employees, the majority of which has included class action and
representative
action wage and hour matters. In total, I have handled over 250 class action and representative
10 action wage/hour cases, and have been appointed by the court as class
counsel and have received
11 final court approval and judgment in close to half of those actions to
date, and anticipate
12 receiving final approval in many more 0f those in the future.
13 4. As part of these settlements and judgments, I have recovered in excess of $250
14 million in damages for my clients and the class members (who often work as nurses, ambulance
15 drivers, technicians, warehouse workers, truck drivers, sales, professional occupations and
16 countless other trades). As 0f the end of last year, my team and I held the record for the largest
17 known PAGA-only case in California’s history as of that time -
a $12.5 million-dollar court
18 approved settlement, which followed extensive litigation, summary adjudication and writs t0 the
19 CA Supreme Court against a Fortune 50 company (Garcia v. Macy’s, San Bemardino Superior
20 Court).
21 5. I have tried two class and PAGA cases against Fortune 100 companies. In 201 8, I
22 was lead counsel in a PAGA case that my firm tried to the bench in the Orange County Superior
23 Court and received a $425,000 judgment. In 2019, I was co-counsel in a class action case
24 against Walmart that was tried to the jury in District Court for the Central District, wherein the
25 jury awarded Plaintiffs over $6 million. Following the successful outcome in
trial, both cases
26 were appealed.
27 6. Over the last four or five consecutive years, I have been selected by my peers as a
28 “Super Lawyer” Employment
in Litigation, a distinction that only 5% of lawyers receive.
DECLARATION 0F BRIAN J. MANKIN IN SUPPORT OF MOTION FOR PRELIMINARY APPROVAL
-2-
Document Filed Date
February 14, 2023
Case Filing Date
October 04, 2021
Category
Complex Civil Unlimited
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Brian J. Mankin, Esq. [CSB No. 216228] brian@lmlfirm. com Kristina Bui Carlson, Esq. [CSB No. 294924] kristina@lmlfirm. com LAUBY, MANKIN & LAUBY LLP 5 198 ArlingtonAvenue, PMB 5 13 Riverside, CA 92504 Tel: (951) 320-1444 Fax: (951) 320-1445 | Attorneys for Plaintiff, 0n a representative basis and on behalf of all others similarly situated SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SAN BERNARDINO 11 RICHARD HARPER, individually, 0n a Case No.2 CIVSB 2127523 representative basis, and on behalf of all [ASSigned t0 Hon- Jadge DaVid C017”, Dept 12 S26’f0r allpurposes] others similarly situated; 13 Plaintiff, 14 DECLARATION OF BRIAN J. MANKIN vs. IN SUPPORT OF MOTION FOR 15 PRELIMINARY APPROVAL OF CLASS HAMNER TOWING, INC., a California ACTION SETTLEMENT Corporation; and DOES 1 through 20, inclusive; Hearing Date: March 9, 2023 GE'IH Defendants- Time: 10:00 am. Dept: $26 Complaint filed: October 4, 2021 A8 I, Brian J. Mankin, state and declare: XVd ORIGINAL 1. I am an attorney licensed to practice before all 0f the courts of the State of California. I manage the employmcnt department within my firm where I am also a Partner. I 25 represent Plaintiff in this action and I am thoroughly familiar with and have personal knowledge 26 of all 0f the facts set forth herein. I submit this declaration in support of Plaintiff’s Motion for 27 Preliminary Approval of this Class Action Settlement. If called as a witness, I could and would 28 competently testify thereto. DECLARATION 0F BRIAN J. MANKIN IN SUPPORT 0F MOTION FOR PRELIMINARY APPROVAL -1- COUNSEL’S EXPERIENCE 2. I have been a member, in good standing, 0fthe State Bar of California since 2001. I am admitted t0 practice in the United States District Courts for the Central and Southern District 0f California and the Ninth Circuit Court of Appeal and have tried cases in various courts in California. 3. I have handled over 500 employee employer vs. litigation matters during my 22 years in practice. Over the last 15 years, my practice has almost entirely consisted of representing employees, the majority of which has included class action and representative action wage and hour matters. In total, I have handled over 250 class action and representative 10 action wage/hour cases, and have been appointed by the court as class counsel and have received 11 final court approval and judgment in close to half of those actions to date, and anticipate 12 receiving final approval in many more 0f those in the future. 13 4. As part of these settlements and judgments, I have recovered in excess of $250 14 million in damages for my clients and the class members (who often work as nurses, ambulance 15 drivers, technicians, warehouse workers, truck drivers, sales, professional occupations and 16 countless other trades). As 0f the end of last year, my team and I held the record for the largest 17 known PAGA-only case in California’s history as of that time - a $12.5 million-dollar court 18 approved settlement, which followed extensive litigation, summary adjudication and writs t0 the 19 CA Supreme Court against a Fortune 50 company (Garcia v. Macy’s, San Bemardino Superior 20 Court). 21 5. I have tried two class and PAGA cases against Fortune 100 companies. In 201 8, I 22 was lead counsel in a PAGA case that my firm tried to the bench in the Orange County Superior 23 Court and received a $425,000 judgment. In 2019, I was co-counsel in a class action case 24 against Walmart that was tried to the jury in District Court for the Central District, wherein the 25 jury awarded Plaintiffs over $6 million. Following the successful outcome in trial, both cases 26 were appealed. 27 6. Over the last four or five consecutive years, I have been selected by my peers as a 28 “Super Lawyer” Employment in Litigation, a distinction that only 5% of lawyers receive. DECLARATION 0F BRIAN J. MANKIN IN SUPPORT OF MOTION FOR PRELIMINARY APPROVAL -2-