Order: LORENZ -V- PLASTIPAK PACKAGING INC Print

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                                SAN   BERNARDINO SUP      RIOR   COURT


                                                                                           CpUN7 Y OF SAN B R IqLfFORNIq
        COUNTI OF SAN BERNAItDINO                                                      SUPERfOR    COURT QF C
        247 West ThirdStreet                                                                                   yqRD N
    2   San Bernardino California 92415 0210                                                SAN BER lqp DfNn DISTRICT
                                                                                                 OCT    62019
    3

    4                                                                                                   t

                                                                                                                 Deputy
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    6

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                         SUPERIOR COURT OF THE STATE OF CALIFORNIA
    9                                    COUNTY OF SAN BERNARDINO
10

11      JOAQUIN LORENZ                   etc                            CASE NO       CIVDS1507361
                                                   et al


    2                     Plaintiffs
                                                                       RULING ON DEFENDANT S
                vs                                                     MOTION TO DENY CLASS
13                                                                      CERTIFICATION
        PLASTIPAK PACKAGING INC                                 et
14                                                                     Date October 16 2019
        al
                                                                       Time 8 30 A M
15                        Defendants
                                                                       Department S32

16


17


                After full consideration of the written and oral submissions by the
    9   parties the Court rules as follows

20      PROCEDURAL FACTUAL BACKGROUND
2               This is                                               hour
                              a consolidated wage and                        class action   litigation      On May
22
        22 2015 Plaintiff Joaquin Lorenz filed his class action Complaint against
23      Plastipak        Packaging Inc             hereinafter Lorenz s Complaint

24              Plaintiff Lorenz pled one cause of action for violation of the Unfair
25      Competition Law UCL                    which       is   predicated upon      the   following    counts      1

26      failure   to pay       overtime        2   failure      to   provide meal    breaks      3 failure to

27                            breaks     4 failure to pay
        provide rest                                                 minimum wages           5 failure to pay
28                              6 failure to pay
        timely    wages                                    timely final      wages    7 failure to provide




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        compliant wage statements                    8 failure to keep accurate payroll records and
    2   9   failure to      reimburse      for business         expenses        Defendant Plastipak

    3   answered


    4          On March 13 2017 Plaintiffs Rocky Gouker and Raymond Jimenez
    5   filed a class action Complaint against Defendant Plastipak hereinafter
    6    Gouker Jimenez s Complaint

    7          Plaintiffs     pled eleven causes of action                  1   failure to pay overtime         2

        failure   to   provide meal       breaks          3   failure to   provide rest      breaks     4 failure

    9   to pay    timely final         wages    5    failure to pay timely           wages     6   failure to

10                                                               8   failure    to                              9
        provide compliant wage statements                                            keep   accurate record


11      failure to                       10
                       reimburse               violation of     the UCL         and    11   penalties under the

    2   Private    Attorney General            Act    PAGA           Defendant Plastipak answered
13
               Plaintiffs Lorenz Gouker and Jimenez allege they were employed by
14      Plastipak

15
               During the course of their employment they worked overtime but
16      were not paid overtime


    7
               They were not provided timely and code compliant meal and rest

        breaks and not compensated the additional one hour premium pay
    9
               They were not paid for all hours worked
20
               They were not paid all owed wages during their employment and at
2       the conclusion of their employment

22
              They received inaccurate wage statements
23
              Plastipak failed to keep accurate records of the hours they worked
24             Lastly Plastipak failed to reimburse them for incurred business
25      expenses       Lorenz      s   Complaint      at       17 18 24 25 27 30 34 and 51 59
26      Gouker Jimenez         s   Complaint         at       25 27 33 34 36 37 40 45 63               72 74 82

27      84 89 95 103          107 114 and 119 20

28
               Under both Complaints Plaintiffs seek to represent the following


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