On March 04, 2020 a
Motion-Secondary
was filed
involving a dispute between
Ayala, Counselo Jasso,
and
Corestaff Services,
Cortech, Llc,
Does 1-50,
Fabfitfun, Inc A Delaware Corporation,
Hr Direct Services, Inc.,
Jobsource North America, Inc.,
Manpower Group, Inc.,
Priority Workforce, Inc.,
Thr Staffing,
United Employment Solutions Inc.,
for Employment - Complex
in the District Court of San Bernardino County.
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DocuSign Envelope ID: 5D1D14A8—4190—45FC-BP 362E75E7088
FALAKASSA LAW, P.C.
Joshua S. Falakassa, Esq. (CA Bar No. 295045)
josh@falakassalaw.c0m
push)
1901 Avenue ofthe Stars, Suite 450
Los Angeles, California 90067
Tel: (818) 456-6168; Fax: (888) 505-0868
MAY 2 0 2W3
BOKHOUR LAW GROUP, P.C.
Mehrdad Bokhour, Esq. (CA Bar No. 285256)
mehrdad@bokhourlaw.com 8V M
P
{"2"
EL"?
NICOLE O‘rawvm SEQ???
Mam,
1901 Avenue ofthe Stars, Suite 450
\DOOQONUI
Los Angeles, California 90067
Tel: (310) 975-1493; Fax: (310) 675-0861
Attorneys for Plaintiff Counselo Jasso Ayala
and Aggrieved Employees
10
DAVID YEREMIAN & ASSOCIATES, INC.
11
David Yeremian, Esq. (CA Bar No. 226337)
12 david@yeremianlaw.com
535 N. Brand Blvd, Suite 705
13 Glendale, California 91203
Tel: (818) 230—8380; Fax: (818) 230-0308
14
Attorneys for PlaintiffNany Gomez and Aggrieved Employees
15
SUPERIOR COURT 0F THE STATE OF CALIFORNIA
16
FOR THE COUNTY OF SAN BERNARDINO
17
COUNSELO JASSO AYALA, on behalf 0f the CASE NO: CIVD82006687
18
State 0f California, as private attorney general,
19 and on behalf all other similarly situated DECLARATION OF NANCY GOMEZ IN
aggrieved employees; SUPPORT OF MOTION T0 APPROVE
20 PAGA SETTLEMENT PURSUANT T0
Plaintiff, THE PRIVATE ATTORNEY GENERAL
21 V. ACT 0F 2004
22 FABFITFUN= INC” a De}awar:° corporation; [Notice ofMotion and Motion; Declarations
23
and DOES 1 thmugh 50> moluswe; ofJoshua Falakassa, Mehrdad Bokhour, and
David Yeremian and [Proposed] Orderfiled
24 concurrently herewith]
DefendantS- Date: June 11, 2021
25 Time: 10:00 am.
Dept: 826
26
27 Complaint Filed: March 4, 2020
Trial Date: None Set
28
-1-
DECLARATION OF NANCY GOMEZ IN SUPPORT OF MOTION TO APPROVE PAGA SETTLEMENT
501D14A8—4190—45FC—BP 962E75E7088
DocuSign Envelope ID:
V
DECLARATION 0F NANCY GOMEZ
L Nancy Gomez, declare:
#WN 1. I am over the age 0f eighteen and submit this Declaration in suppon of the Motion
to Approve PAGA Settlement. I understand thatI am submitting this Declaration in support 0f our
request for approval of our Settlement Agreement and my requested Representative Enhancement
Award for up to $7,500.00. I have personal knowledge of the facts herein, and if called as a
\DOONO‘xUl
witness I could and would competently testify to them.
2. I worked for Defendant as a non~exempt employee and laborer from approximately
201 8 through approximately March 11, 2020. My employment was based out 0f Defendant’s
10 facilities in Chino, California.
11 3. I understand that my counsel gave notice of our claims in this action against
12 Defendant under the Private Attorneys General Act of 2004, Labor Code § 2698 et seq. (“PAGA”)
13 on or about August 12, 2020. I further understand that, on July 13, 2020, my counsel filed a class
14 action complaint against Defendants Fabfitfun, Inc. and Jobsource Chino, Inc, in the Superior
15 Court for the State of California, in San Bemardino County, Case Number CIVD82014783,
16 alleging ( 1) failure to pay minimum wages; (2) failure to pay wages and overtime; (3) failure t0
17 provide meal and rest periods or compensation in lieu thereof in violation of Labor Code § 226.7;
18 (4) failure to provide accurate, itemized wage statements in Violation of Labor Code § 226(a); (5)
19 failure to keep required payroll records under Labor Code § 1 174 and § 1174.5; (6) Violation 0f
20 Labor Code § 221; (7) failure to provide all wages due upon termination; (8) violations of the
21 unfair competition law: B&P section 17200 et seq.
22 4. More specifically, in the Complaint we alleged claims for penalties for various
23 wage payment violations by Defendant. For example, we have alleged that Defendant required
24 “off the clock work” for all aggrieved employees by requiring us t0 g0 through security screenings
25 without compensation. Such off the clock security screenings resulted in unpaid time under the
26 control of defendant as well as meal and rest break violations.
27 5. I further understand that Plaintiff Ayala filed a representative action complaint
28 titled Consuelo Jasso Ayala v. Fabfiy’un, Ina, et al., San Bemardino County Superior Court, Case
-2-
DECLARATION OF NANCY GOMEZ IN SUPPORT OF MOTION TO APPROVE PAGA SETTLEMENT
Document Filed Date
May 20, 2021
Case Filing Date
March 04, 2020
Category
Employment - Complex
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DocuSign Envelope ID: 5D1D14A8—4190—45FC-BP 362E75E7088 FALAKASSA LAW, P.C. Joshua S. Falakassa, Esq. (CA Bar No. 295045) josh@falakassalaw.c0m push) 1901 Avenue ofthe Stars, Suite 450 Los Angeles, California 90067 Tel: (818) 456-6168; Fax: (888) 505-0868 MAY 2 0 2W3 BOKHOUR LAW GROUP, P.C. Mehrdad Bokhour, Esq. (CA Bar No. 285256) mehrdad@bokhourlaw.com 8V M P {"2" EL"? NICOLE O‘rawvm SEQ??? Mam, 1901 Avenue ofthe Stars, Suite 450 \DOOQONUI Los Angeles, California 90067 Tel: (310) 975-1493; Fax: (310) 675-0861 Attorneys for Plaintiff Counselo Jasso Ayala and Aggrieved Employees 10 DAVID YEREMIAN & ASSOCIATES, INC. 11 David Yeremian, Esq. (CA Bar No. 226337) 12 david@yeremianlaw.com 535 N. Brand Blvd, Suite 705 13 Glendale, California 91203 Tel: (818) 230—8380; Fax: (818) 230-0308 14 Attorneys for PlaintiffNany Gomez and Aggrieved Employees 15 SUPERIOR COURT 0F THE STATE OF CALIFORNIA 16 FOR THE COUNTY OF SAN BERNARDINO 17 COUNSELO JASSO AYALA, on behalf 0f the CASE NO: CIVD82006687 18 State 0f California, as private attorney general, 19 and on behalf all other similarly situated DECLARATION OF NANCY GOMEZ IN aggrieved employees; SUPPORT OF MOTION T0 APPROVE 20 PAGA SETTLEMENT PURSUANT T0 Plaintiff, THE PRIVATE ATTORNEY GENERAL 21 V. ACT 0F 2004 22 FABFITFUN= INC” a De}awar:° corporation; [Notice ofMotion and Motion; Declarations 23 and DOES 1 thmugh 50> moluswe; ofJoshua Falakassa, Mehrdad Bokhour, and David Yeremian and [Proposed] Orderfiled 24 concurrently herewith] DefendantS- Date: June 11, 2021 25 Time: 10:00 am. Dept: 826 26 27 Complaint Filed: March 4, 2020 Trial Date: None Set 28 -1- DECLARATION OF NANCY GOMEZ IN SUPPORT OF MOTION TO APPROVE PAGA SETTLEMENT 501D14A8—4190—45FC—BP 962E75E7088 DocuSign Envelope ID: V DECLARATION 0F NANCY GOMEZ L Nancy Gomez, declare: #WN 1. I am over the age 0f eighteen and submit this Declaration in suppon of the Motion to Approve PAGA Settlement. I understand thatI am submitting this Declaration in support 0f our request for approval of our Settlement Agreement and my requested Representative Enhancement Award for up to $7,500.00. I have personal knowledge of the facts herein, and if called as a \DOONO‘xUl witness I could and would competently testify to them. 2. I worked for Defendant as a non~exempt employee and laborer from approximately 201 8 through approximately March 11, 2020. My employment was based out 0f Defendant’s 10 facilities in Chino, California. 11 3. I understand that my counsel gave notice of our claims in this action against 12 Defendant under the Private Attorneys General Act of 2004, Labor Code § 2698 et seq. (“PAGA”) 13 on or about August 12, 2020. I further understand that, on July 13, 2020, my counsel filed a class 14 action complaint against Defendants Fabfitfun, Inc. and Jobsource Chino, Inc, in the Superior 15 Court for the State of California, in San Bemardino County, Case Number CIVD82014783, 16 alleging ( 1) failure to pay minimum wages; (2) failure to pay wages and overtime; (3) failure t0 17 provide meal and rest periods or compensation in lieu thereof in violation of Labor Code § 226.7; 18 (4) failure to provide accurate, itemized wage statements in Violation of Labor Code § 226(a); (5) 19 failure to keep required payroll records under Labor Code § 1 174 and § 1174.5; (6) Violation 0f 20 Labor Code § 221; (7) failure to provide all wages due upon termination; (8) violations of the 21 unfair competition law: B&P section 17200 et seq. 22 4. More specifically, in the Complaint we alleged claims for penalties for various 23 wage payment violations by Defendant. For example, we have alleged that Defendant required 24 “off the clock work” for all aggrieved employees by requiring us t0 g0 through security screenings 25 without compensation. Such off the clock security screenings resulted in unpaid time under the 26 control of defendant as well as meal and rest break violations. 27 5. I further understand that Plaintiff Ayala filed a representative action complaint 28 titled Consuelo Jasso Ayala v. Fabfiy’un, Ina, et al., San Bemardino County Superior Court, Case -2- DECLARATION OF NANCY GOMEZ IN SUPPORT OF MOTION TO APPROVE PAGA SETTLEMENT