On August 23, 2022 a
Motion-Secondary
was filed
involving a dispute between
Botello, Viviana,
and
A Train Staffing Llc,
Does 1 Through 50, Inclusive,
World Class Distribution Inc,
for Complex Civil Unlimited
in the District Court of San Bernardino County.
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~ ORIGINAL ww
LAW OFFICE OF SCOTT ERNEST WHEELER
Scott Ernest Wheeler (SBN 187998)
Justin A. Wheeler (SBN 342226)
250 West First Street, Suite 216
Claremont, California 91711
Telephone: (909) 621-4988
Facsimile: (909) 621-4622
Email: sew@scottwheelerlawoffice.com
jaw(@scottwheelerlawoffice.com
SUPER, OR
Coun; ch IF ED
SAN REnx, OF SAN BE;
Nena wana
Attorney for Plaintiff and the Aggrieved SION
Employees
OV 22 2099
° vey
10 SUPERIOR COURT OF THE STATE OF CALIFORNIA
11 COUNTY OF SAN BERNARDINO
12 SAN BERNARDINO JUSTICE CENTER
13
VIVIANA BOTELLO, individually, and on Case No.: CIVSB2218549
14 behalf of all others aggrieved employees,
{Assigned for all purposes to the Honorable
15 Plaintiffs, Jessica Morgan]
16 WORLD CLASS DISTRIBUTION INC., a MEMORANDUM OF POINTS AND
California corporation; A TRAIN AUTHORITIES IN SUPPORT OF
17 STAFFING LLC, a California limited PLAINTIFF’S MOTION FOR APPROVAL
liability company; and DOES | through 50, OF PAGA SETTLEMENT, ATTORNEY’S
18 inclusive,
FEES AND COSTS AND SERVICE
19 Defendants. AWARD
20 Date: December 20, 2023
Time: 8:30 a.m.
21 Dept.: S-26
22
Action Filed: August 23, 2022
23 Trial Date: None Set
24
25
26
27
28
MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF PLAINTIFF'S MOTION FOR APPROVAL
OF PAGA SETTLEMENT, ATTORNEY'S FEES AND COSTS AND SERVICE AWARD
|
TABLE OF CONTENTS
INTRODUCTION ...........+
I NO OTHER ACTIONS PENDING AGAINST DEFENDANTS ...
| Il. PROPOSED PAGA SETTLEMENT...........-+.
Iv. INVESTIGATION/DISCOVERY BEFORE THE SETTLEMENT
RISK OF CONTINUED LITIGATION AND UNCERTAINTY ...
A Failure to Provide Meal Periods..........
B Failure to Provide Rest Periods..........
Unpaid Overtime ..
10
11 1 Failure to Calculate Regular Rate of Pay for Overtime Wages s
122 Failure to Maintain Records
13 Waiting Time Penalties — Labor Code Section 203
14 Inaccurate Wage Statements..........
15
Failure to Reimburse for Necessary Business Expenses..........
16
Failure to Pay COVID-19 Supplemental Sick Leave............-
17
I Failure to Provide Suitable Seating ..
18
19 J Possible Maximum PAGA Penalties.............
20 VI THE PROPOSED PAGA SETTLEMENT IS “GENUINE AND MEANINGFUL”
THAT IS “CONSISTENT WITH THE UNDERLYING PURPOSE” OF PAGA............. i
21
A The Settlement Provides Genuine and Meaningful Relief Consistent with
22 PAGA’s Purposes...........++ 11
23 B The Settlement is Presumptively Fair.......... 12
24 VIL. THE COURT SHOULD APPROVE COUNSEL’S REQUEST FOR AN AWARD
OF REASONABLE ATTORNEYS’ FEES AND COST ..........+ 13
25
26 A Counsel's Requested Attorneys’ Fees Are Reasonable under the Common Fund
Theory... 14
27
B. Counsel's Requested Attorney’s Fees Are Reasonable under the Lodestar
28 Method 16
| MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF PLAINTIFF'S MOTION FOR APPROVAL
OF PAGA SETTLEMENT, ATTORNEY'S FEES AND COSTS AND SERVICE AWARD
Document Filed Date
November 22, 2023
Case Filing Date
August 23, 2022
Category
Complex Civil Unlimited
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~ ORIGINAL ww LAW OFFICE OF SCOTT ERNEST WHEELER Scott Ernest Wheeler (SBN 187998) Justin A. Wheeler (SBN 342226) 250 West First Street, Suite 216 Claremont, California 91711 Telephone: (909) 621-4988 Facsimile: (909) 621-4622 Email: sew@scottwheelerlawoffice.com jaw(@scottwheelerlawoffice.com SUPER, OR Coun; ch IF ED SAN REnx, OF SAN BE; Nena wana Attorney for Plaintiff and the Aggrieved SION Employees OV 22 2099 ° vey 10 SUPERIOR COURT OF THE STATE OF CALIFORNIA 11 COUNTY OF SAN BERNARDINO 12 SAN BERNARDINO JUSTICE CENTER 13 VIVIANA BOTELLO, individually, and on Case No.: CIVSB2218549 14 behalf of all others aggrieved employees, {Assigned for all purposes to the Honorable 15 Plaintiffs, Jessica Morgan] 16 WORLD CLASS DISTRIBUTION INC., a MEMORANDUM OF POINTS AND California corporation; A TRAIN AUTHORITIES IN SUPPORT OF 17 STAFFING LLC, a California limited PLAINTIFF’S MOTION FOR APPROVAL liability company; and DOES | through 50, OF PAGA SETTLEMENT, ATTORNEY’S 18 inclusive, FEES AND COSTS AND SERVICE 19 Defendants. AWARD 20 Date: December 20, 2023 Time: 8:30 a.m. 21 Dept.: S-26 22 Action Filed: August 23, 2022 23 Trial Date: None Set 24 25 26 27 28 MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF PLAINTIFF'S MOTION FOR APPROVAL OF PAGA SETTLEMENT, ATTORNEY'S FEES AND COSTS AND SERVICE AWARD | TABLE OF CONTENTS INTRODUCTION ...........+ I NO OTHER ACTIONS PENDING AGAINST DEFENDANTS ... | Il. PROPOSED PAGA SETTLEMENT...........-+. Iv. INVESTIGATION/DISCOVERY BEFORE THE SETTLEMENT RISK OF CONTINUED LITIGATION AND UNCERTAINTY ... A Failure to Provide Meal Periods.......... B Failure to Provide Rest Periods.......... Unpaid Overtime .. 10 11 1 Failure to Calculate Regular Rate of Pay for Overtime Wages s 122 Failure to Maintain Records 13 Waiting Time Penalties — Labor Code Section 203 14 Inaccurate Wage Statements.......... 15 Failure to Reimburse for Necessary Business Expenses.......... 16 Failure to Pay COVID-19 Supplemental Sick Leave............- 17 I Failure to Provide Suitable Seating .. 18 19 J Possible Maximum PAGA Penalties............. 20 VI THE PROPOSED PAGA SETTLEMENT IS “GENUINE AND MEANINGFUL” THAT IS “CONSISTENT WITH THE UNDERLYING PURPOSE” OF PAGA............. i 21 A The Settlement Provides Genuine and Meaningful Relief Consistent with 22 PAGA’s Purposes...........++ 11 23 B The Settlement is Presumptively Fair.......... 12 24 VIL. THE COURT SHOULD APPROVE COUNSEL’S REQUEST FOR AN AWARD OF REASONABLE ATTORNEYS’ FEES AND COST ..........+ 13 25 26 A Counsel's Requested Attorneys’ Fees Are Reasonable under the Common Fund Theory... 14 27 B. Counsel's Requested Attorney’s Fees Are Reasonable under the Lodestar 28 Method 16 | MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF PLAINTIFF'S MOTION FOR APPROVAL OF PAGA SETTLEMENT, ATTORNEY'S FEES AND COSTS AND SERVICE AWARD