On July 12, 2019 a
Motion,Ex Parte
was filed
involving a dispute between
Ontiveros, Felix,
Valdez, Ernie,
and
Coastal Pacific Food Distributors, Inc. A California Coporation,
Coastal Pacific Food Distributors, Inc. A California Corporation,
for Employment - Complex
in the District Court of San Bernardino County.
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F | LE
cmroamA
D
supemoa coum 0F
BERNARDINO
OF SAN
ng‘TEYERNARDlNO DISTRICT
Edwin Aiwazian (SBN 232943)
Arby Aiwazian (SBN 269827)
Joanna Ghosh (SBN 272479) SEP 01 2023
Selena Matavosian (SBN 348044) /“
hUJN
LAWYERSfor JUSTICE, PC I
410 West Arden Avenue, Suite 203
Glendale, California 91203
Tel: (818) 265-1020 / Fax: (818) 265-1021
Attorneysfor Plaintiffs
OOOQO'J‘
SUPERIOR COURT OF THE STATE OF CALIFORNIA
10
FOR THE COUNTY OF SAN BERNARDINO
ERNIE VALDEZ, individually, and on Case No.1 CIVDSI920211 (Consolidated with
PC 11
203 behalf 0f other members of the general public C1VDSl925029)
similarly situated; FELIX ONTIVEROS,
203 12
individually, and on behalf 0f other members Honorable Joseph T. Ortiz
Suite
JUSTICE, 9|
of the general public similarly situated and Department Sl7
l3
Avenue.
on behalf of other aggrieved employees
CLASS ACTION
California
pursuant to the California Private Attorneys
for l4
General Act,
OF MOTION
Arden
PLAINTIFFS’ NOTICE
15
W5!
Glendale.
Plaintiffs, AND MOTION FOR PRELIMINARY
LAWYERS APPROVAL OF CLASS ACTION
410
l6
V. SETTLEMENT; MEMORANDUM OF
POINTS AND AUTHORITIES
l7
COASTAL PACIFIC FOOD
DISTRIBUTORS, INC, a California [Declaration of Proposed Class Counsel
18
corporation; and DOES 1 through 100, (Selena Matavosian); Declarations of
inclusive, Proposed Class Representatives (Ernie Valdez
19
and Felix Ontiveros); and [Proposed] Order
Defendants. filed concurrently herewith]
20
Date: September 26, 2023
21
Time: 1:30 p.m.
Department: S17
22
Valdez Complaint Filed: July 12, 2019
23
Ontiveros Complaint
Filed: August 21, 2019
24 None Set
Trial Date:
25
26
Q?
27
28
[\ffl
PLAINTIFF‘S NOTICE 0F MOTION AND MOTION FOR PRELIMINARY APPROVAL OF CW
ACTION SETTLEMENT; MEMORANDUM OF POXNTS AND AUTHORITIES
V \r
TO THE HONORABLE COURT AND TO ALL PARTIES AND THEIR COUNSEL OF
RECORD:
PLEASE TAKE NOTICE that on September 26, 2023 at 1:30 pm. or as soon thereafter
MAWN
as the matter may be heard before the Honorable Joseph T. Ortiz in Department Sl7 of the
Superior Court of California for the County of San Bemardino, located at 247 West Third Street,
San Bernardino, California 92415, Plaintiffs Ernie Valdez and Felix Ontiveros (together,
“Plaintiffs” or “Class Representatives”) will, and hereby do, move for an order:
Granting preliminary approval of the proposed class action settlement described
\OOONO
herein and as set forth in the Joint Stipulation of Class Action and PAGA Settlement
10 and Release (“Settlement,” “Agreement,” or “Settlement Agreement”), attached as
PC 11 “EXHIBIT 1” to the Declaration of Selena Matavosian, including, but not limited to,
203
Suite
203 12 the means of allocation and distribution of funds, including and not limited to, the
JUSTICE, 9|
Avenue,
13 allocations for penalties under the California Labor Code Private Attorneys General
California
14 Act of 2004, Attomeys’ Fees and Costs to Class Counsel, Enhancement Awards to
Arden
Glendale.
15 Plaintiffs, and Settlement Administration Costs to the Settlement Administrator;
LAWYERSfor
West
410
16 Conditionally certifying the Class for settlement purposes;
17 Preliminarily appointing Plaintiffs Ernie Valdez and Felix Ontiveros as Class
18 Representatives;
19 Preliminarily appointing Lawyersfor Justice, PC as Class Counsel;
20 Approving the proposed Notice of Class Action Settlement and Hearing Date for Final
21 Court Approval (“Class Notice”), attached as “EXHIBIT A” to the [Proposed] Order
22 Granting Preliminary Approval of Class Action Settlement;
23 Directing the mailing of the Class Notice to the Class Members and PAGA Members;
24 Approving the proposed deadlines for the notice and settlement administration
25 process;
26 Approving Phoenix Class Action Administration Solutions as the Settlement
27 Administrator; and
28 ///
i
PLAINTIFF'S NOTICE OF MOTION AND MOTION FOR PRELIMINARY APPROVAL OF CLASS
ACTION SETTLEMENT; MEMORANDUM OF POINTS AND AUTHORITIES
Document Filed Date
September 01, 2023
Case Filing Date
July 12, 2019
Category
Employment - Complex
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F | LE cmroamA D supemoa coum 0F BERNARDINO OF SAN ng‘TEYERNARDlNO DISTRICT Edwin Aiwazian (SBN 232943) Arby Aiwazian (SBN 269827) Joanna Ghosh (SBN 272479) SEP 01 2023 Selena Matavosian (SBN 348044) /“ hUJN LAWYERSfor JUSTICE, PC I 410 West Arden Avenue, Suite 203 Glendale, California 91203 Tel: (818) 265-1020 / Fax: (818) 265-1021 Attorneysfor Plaintiffs OOOQO'J‘ SUPERIOR COURT OF THE STATE OF CALIFORNIA 10 FOR THE COUNTY OF SAN BERNARDINO ERNIE VALDEZ, individually, and on Case No.1 CIVDSI920211 (Consolidated with PC 11 203 behalf 0f other members of the general public C1VDSl925029) similarly situated; FELIX ONTIVEROS, 203 12 individually, and on behalf 0f other members Honorable Joseph T. Ortiz Suite JUSTICE, 9| of the general public similarly situated and Department Sl7 l3 Avenue. on behalf of other aggrieved employees CLASS ACTION California pursuant to the California Private Attorneys for l4 General Act, OF MOTION Arden PLAINTIFFS’ NOTICE 15 W5! Glendale. Plaintiffs, AND MOTION FOR PRELIMINARY LAWYERS APPROVAL OF CLASS ACTION 410 l6 V. SETTLEMENT; MEMORANDUM OF POINTS AND AUTHORITIES l7 COASTAL PACIFIC FOOD DISTRIBUTORS, INC, a California [Declaration of Proposed Class Counsel 18 corporation; and DOES 1 through 100, (Selena Matavosian); Declarations of inclusive, Proposed Class Representatives (Ernie Valdez 19 and Felix Ontiveros); and [Proposed] Order Defendants. filed concurrently herewith] 20 Date: September 26, 2023 21 Time: 1:30 p.m. Department: S17 22 Valdez Complaint Filed: July 12, 2019 23 Ontiveros Complaint Filed: August 21, 2019 24 None Set Trial Date: 25 26 Q? 27 28 [\ffl PLAINTIFF‘S NOTICE 0F MOTION AND MOTION FOR PRELIMINARY APPROVAL OF CW ACTION SETTLEMENT; MEMORANDUM OF POXNTS AND AUTHORITIES V \r TO THE HONORABLE COURT AND TO ALL PARTIES AND THEIR COUNSEL OF RECORD: PLEASE TAKE NOTICE that on September 26, 2023 at 1:30 pm. or as soon thereafter MAWN as the matter may be heard before the Honorable Joseph T. Ortiz in Department Sl7 of the Superior Court of California for the County of San Bemardino, located at 247 West Third Street, San Bernardino, California 92415, Plaintiffs Ernie Valdez and Felix Ontiveros (together, “Plaintiffs” or “Class Representatives”) will, and hereby do, move for an order: Granting preliminary approval of the proposed class action settlement described \OOONO herein and as set forth in the Joint Stipulation of Class Action and PAGA Settlement 10 and Release (“Settlement,” “Agreement,” or “Settlement Agreement”), attached as PC 11 “EXHIBIT 1” to the Declaration of Selena Matavosian, including, but not limited to, 203 Suite 203 12 the means of allocation and distribution of funds, including and not limited to, the JUSTICE, 9| Avenue, 13 allocations for penalties under the California Labor Code Private Attorneys General California 14 Act of 2004, Attomeys’ Fees and Costs to Class Counsel, Enhancement Awards to Arden Glendale. 15 Plaintiffs, and Settlement Administration Costs to the Settlement Administrator; LAWYERSfor West 410 16 Conditionally certifying the Class for settlement purposes; 17 Preliminarily appointing Plaintiffs Ernie Valdez and Felix Ontiveros as Class 18 Representatives; 19 Preliminarily appointing Lawyersfor Justice, PC as Class Counsel; 20 Approving the proposed Notice of Class Action Settlement and Hearing Date for Final 21 Court Approval (“Class Notice”), attached as “EXHIBIT A” to the [Proposed] Order 22 Granting Preliminary Approval of Class Action Settlement; 23 Directing the mailing of the Class Notice to the Class Members and PAGA Members; 24 Approving the proposed deadlines for the notice and settlement administration 25 process; 26 Approving Phoenix Class Action Administration Solutions as the Settlement 27 Administrator; and 28 /// i PLAINTIFF'S NOTICE OF MOTION AND MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT; MEMORANDUM OF POINTS AND AUTHORITIES