Motion,Ex Parte: Jose J. Mejia vs. Roussos Construction Inc.

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                                Gregory J. Wood (200780)
 1   B. Douglas Robbins (219413)
2    Leyla M. Pasic (250705)
     Dawn Johnson (227076)
3    WOOD ROBBINS, LLP
     One Post St., Suite 800
4    San Francisco, California 94104
     T: (415) 247-7900; F: (415) 247-7901
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     lpasic(§ woodrobbins. com
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     Attorneys for Plaintiffs and Cross-Defendants
 7   MIGUEL OSUNA and OSCAR J. ALMAZAN-
     MARTINEZ, and Plaintiff JOSE J . MEJIA,
 8   and Putative Class Members
 9                           IN THE SUPERIOR COURT OF CALIFORNIA
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                           IN AND FOR THE COUNTY OF SACRAMENTO
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                                                     Case No.: 34-2016-00190824-CU-OE-GDS
12   JOSE J. MEJIA, an individual; MIGUEL
     OSUNA, an individual; and OSCAR J.
13   ALMAZAN-MARTINEZ, an individual, on             PLAINTIFFS' NOTICE OF MOTION
     behalf of themselves, and on behalf of others   AND MOTION TO C E R T I F Y CLASS
14   similarly situated.
                                                     /Concurrently filed herewith: Memorandum
15                  Plaintiffs,                      of Points and Authorities ISO Motion for
                                                     Class Certification; Index of Exhibits;
16                                                   Declaration of Leyla Pasic Esq.;
                                                     Declaration of Jose J. Mejia; Declaration
17                                                   of Miguel Osuna; Declaration of Oscar J.
                                                     Almazan-Martinez]
18   ROUSSOS CONSTRUCTION, INC., a
     California corporation; MATTHEW
19   HAWKINS, dba FOCUS FLOORING, a sole             Date:               Sept. 14,2017
     proprietorship; FOCUS FLOORING, INC., a         Time:               9:00 am
20   California corporation; MICHAEL CHAVEZ          Dept:               54
     dba FLOORS UNLIMITED and/or dba MC
21   FLOOR COVERING, a sole proprietorship; J.
     TIONIDAD NINO dba NINO'S CARPET, a
22   sole proprietorship, NICHOLAS SPERIS, an
                                                    Complaint Filed:        Oct. 23,2015
     individual, and DOES 1 through 100, inclusive,
23                                                  Cross-Complaint Filed: Oct. 28, 2016
                                                    Trial Date:             January 29, 2018
                    Defendants.
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     AND RELATED CROSS-ACTION.
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           NOTICE OF MOTION AND MOTION TO CERTIFY, CASE NO. 34-2016-00190824-CU-OE-GDS
 1   TO DEFENDANTS AND THEIR ATTORNEYS OF RECORD:
2           PLEASE TAKE NOTICE THAT on September 14, 2017 at 9:00 a.m.. In Departtnent 54
3    of this Court, located at the Hall of Justice Building, 813 6''' Stteet, Sacramento, California, 95814
4    Plaintiffs Jose J. Mejia, Miguel Osuna, and Oscar J. Almazan-Martinez individually and on behalf
 5   of all others similarly situated, will, and hereby do, move this Court for class certification ol
6    Plaintiffs' claims against Defendants Roussos Construction, Inc., Mathew Hawkins, dba Focus
 7   Flooring, Focus Flooring, Inc., Michael Chavez dba Floors Unlimited and/or dba MC Floor
 8   Covering; J. Trinidad Nino dba Nino's Carpet, and Nicholas Speris (collectively, "Defendants")
 9          This Motion is brought pursuant to California Code of Civil Procedure Section 382 on the
10   ground that Plaintiffs' Labor Code and IWC Wage Order claims, as well as their derivative Unfair
11   Competition Law, Business and Professions Code Sect. 17200 et seq. (UCL) claim, all stem from
12   Defendants' uniform practice of misclassifying class members as independent contractors. As a
13   consequence of the misclassification scheme. Defendants have failed to compensate Plaintiffs and
14   Class Members for all hours worked, for overtime, and for meal and rest periods. Defendants have
15   also failed to properly report pay, reimburse business expenses, and pay wages due at termination,
16   and have made improper deductions from wages, all in direct violation of California law. Because
17   common questions of law and fact predominate, these claims can be adjudicated on a classwide
18   basis. The evidence submitted demonsttates that Plaintiffs have satisfied the requirements of
19   California Civil Procedure Code Section 382 and that class certification is appropriate.
20          This Motion is based on this Notice of Motion and Motion, the Memorandum of Points
21   and Authorities included herein, the Declarations of Plaintiffs, and Plaintiffs' counsel, Leyla Pasic,
22   Defendants' deposition testimony, all pleadings and papers on file in this action, any matters ol
23   which the Court may or must take judicial notice, and such additional evidence or argument as
24   may be presented at or prior to thetimeof the hearing.
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           NOTICE OF MOTION AND MOTION TO CERTIFY, CASE NO. 34-2016-00190824-CU-OE-GDS
 1   Dated: August 15, 2017                WOOD ROBBINS, LLP

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                                           By:     /s/ Leyla Pasic
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                                                 LEYLA PASIC
5                                                Attorneys for Plaintiffs JOSE J. MEJIA,
                                                 MIGUEL OSUNA, and OSCAR J.
6                                                ALMAZAN-MARTINEZ and the Putative
                                                 Class
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          NOTICE OF MOTION AND MOTION TO CERTIFY, CASE NO. 34-2016-00   190824-CU-OE-GD$