Estrada v. Galleria Market
Settlement Administrator
19STCV21959

Frequently Asked Questions

 

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  • This action was filed on June 24, 2019. Plaintiff alleges that Galleria Market and Defendants violated California Labor Code sections 201, 202, 203, 204, 210, 226(a), 226(e), 226.3, 510, 512, 558, 1194, 1194.2, 1197, 1197.1, 1198, 1199, 1199.5, and 2802 as well as IWC Wage Order No. 7-2001. Specifically, Plaintiff alleges that Defendants’ meal break policy was non-compliant prior to September 2016; Defendants' on-premises rest break policy was non-compliant prior to March 2017; and various other wage and hour violations. Defendants deny all of these allegations and contend that they complied with California law at all relevant times hereto.

     

    Defendants deny all of these allegations and contend that they complied with California law at all relevant times hereto.

  • No. The Court has made no decision regarding the merits of Plaintiff’s allegations or Galleria Market’s defenses.

  • The Parties in this action disagree as to the probable outcome of the action with respect to liability and damages if it were not settled. Although Plaintiff believes her claims and that of the Class have merit, Plaintiff recognizes that litigating is a risky proposition, and that she may not have prevailed on all or some of her claims. Likewise, while Galleria Market is confident that it has strong defenses to Plaintiff’s claims, it recognizes the risks, distractions, and costs involved with litigation. The Parties attended a face-to-face settlement conference and, recognizing the risks and costs inherent in litigation, reached the proposed Settlement of the claims asserted in the lawsuit.

  • The gross settlement amount is $450,000.00. Under the proposed Settlement, the following amounts will be deducted before any payments are made to settlement class members, subject to final approval by the Court:

    • Attorneys’ Fees – up to $150,000.00
    • Costs of Suit – up to $25,000.00
    • Payments to the Labor & Workforce Development Agency for PAGA Penalties – $11,250.00 (this is 75% of the total PAGA Penalties) ($3,750.00 (or 25%) of the total PAGA Penalties will be distributed to the Class Members, as further explained below).
    • Settlement Administration Expenses – $22,500.00 • Service Payment to Class Representatives: – up to $5,000.00
       

    After these deductions, $236,250.00 will be available for payment to the Settlement Class receiving this notice as the Net Settlement Amount. Each Participating Class Member will share pro-rata in the net settlement fund based on a pro rata basis. Specifically, each Class Member shall receive a credit of one pay period for each pay period worked between June 24, 2015 and March 30, 2020. A pay period shall mean the 1st to the 15th day of the month and the 16th to the last day of the month. The proposed method of allocation is fair and reasonable and reflects the strength and value of the claims at issue in this action. Class Counsel proposes this distribution to reflect their valuation of each of the potential claims at issue in this lawsuit. One-third of each Individual Settlement Amount shall constitute wages and reported on an IRS W-2 basis and two-thirds to non-wage premiums, penalties and interest, to be reported on an IRS form 1099.

  • Nothing. If you wish to receive a payment under the terms of this proposed Settlement, you do not have to do anything. However, it is important that if your address has changed, you give your current mailing address to the Settlement Administrator in order to ensure you receive your share of the Settlement proceeds if the proposed Settlement is finally approved. You will be covered by the release summarized in Section 8, below.

  • You received a credit of one pay period for each pay period worked between June 24, 2015 and March 30, 2020, however, pay periods prior to September 2016 were multiplied by 4, while pay periods between October 1, 2016 and March 2017 were multiplied by 2 prior to calculating settlement shares. Pay periods are weighted to take in account the relative strengths of claims as a result of Defendants’ policy changes, specifically to its meal break policy (September 2016) and its rest break policy (March 2017) to bring them into compliance.

    Should you choose to participate in the Settlement, your settlement check must be cashed within 180 days from the date of the check. If you do not cash your settlement check within 180 days from the date of the check, your check will become void and your Individual Settlement Amount will be paid out to the cy pres beneficiary of the settlement, Children’s Hospital Los Angeles.

     
  • As part of the Settlement, Plaintiff and each member of the Settlement Class (excluding those who elect to exclude themselves from the class settlement) will fully release and discharge Galleria Market, LP, HK LA, L.P., Galleria Market/Vermont, LP, Galleria Market/Northridge, LP, and each of their respective past and present officers, directors, shareholders, partners owners, employees, agents, principals, heirs, representatives, consultants, and their respective successors and predecessors in interest, subsidiaries, affiliates, parents and attorneys. The Release covers any and all causes of action or claims that were asserted, or could have been asserted, based on violations of the following Labor Code provisions: 201, 202, 203, 226(a), 226(e), 226.3, 226.7, 510, 512, 558, 558.1, 1194, 1194.2, 1197, 1197.1, 1198, 1199, 1199.5, 2802, 2698 et seq. (“PAGA”) as well as claims under Cal. Bus. & Prof. Code § 17200 and IWC Wage Order No. 7 based upon the facts alleged in the First Amended Complaint filed on January 6, 2020, as well as any other causes of action or claims that could have been asserted based upon the facts alleged in the First Amended Complaint. The Released claims do not include any claims for workers compensation insurance, unemployment insurance, or disability insurance benefits of any nature, nor does it release any claims, actions, or causes of action which may be possessed by Settlement Class Members (excepting the Class Representative) under state or federal discrimination statutes, including, without limitation, the Cal. Fair Employment and Housing Act, Cal. Government Code § 12940, et seq.; the Unruh Civil Rights Act, the Cal. Civil Code § 51, et seq.; Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000, et seq.; the Americans with Disabilities Act, as amended, 42 U.S.C. § 12101, et seq.; the Employee Retirement Income Security Act of 1974, as amended, 29 U.S.C. § 1001 et seq.; the Fair Credit Reporting Act, the Investigative Consumer Reporting Agencies Act (ICRAA), and/or the Consumer Credit Reporting Agencies Act (CCRAA).

  • PAGA Penalties: $15,000.00 of the Gross Settlement Amount is allocated to alleged PAGA civil penalties (“PAGA Penalties”), subject to Court approval. By law, 75% of the PAGA Penalties (i.e., $11,250.00) will be paid to the California Labor & Workforce Development Agency and 25% of the PAGA Penalties (i.e., $3,750.00) will be distributed to the Class Members. Under PAGA the state of California deputizes private attorney generals, such as Plaintiff, to prosecute employers for alleged violations of the Labor Code and all employees are entitled to share in the 25% of the penalties that would otherwise be recoverable by the State if it directly prosecuted Galleria Market for the alleged Labor Code violations.

  • Anyone not wishing to participate in the proposed Settlement may exclude himself or herself (“opt out”) by completing, signing and mailing a Request for Exclusion letter by October 26, 2020 to the Settlement Administrator as follows.

    Settlement Administrator:

    Estrada v. Galleria Market Settlement Administrator
    c/o JND Legal Administration
    PO Box 91248
    Seattle, WA 98111

    If your Request for Exclusion is postmarked after October 26, 2020, it will be rejected, and you will be a Class Member and be bound by the Settlement terms.

    To be valid, any Request for Exclusion must state: (1) the name, employee identification number and/or last four digits of the Settlement Class member’s social security number for identification purposes; (2) the Settlement Member’s address for correspondence; (3) the Settlement Member’s signature; (4) a statement that the Settlement Class member wishes to be excluded from the class settlement such as “I WISH TO BE EXCLUDED FROM THE SETTLEMENT CLASS IN ESTRADA V. GALLERIA MARKET, LP, ET AL”; and (4) be postmarked by October 26, 2020 and mailed to the Settlement Administrator at the address specified above.

    Anyone who submits a timely and valid Request for Exclusion shall not be deemed a Settlement Class Member and will not receive any payment as part of this proposed Settlement. Such persons will keep any rights to sue Galleria Market separately about the claims made in this lawsuit.

  • Any objection to the proposed Settlement must be in writing and mailed to the Settlement Administrator (identified above) by October 26, 2020. To be valid, any objection must: (1) contain the objecting Settlement Class member’s full name; (2) be postmarked by the October 26, 2020 and mailed to the Settlement Administrator at the address specified above; and (3) should provide each specific reason in support of the objection. Class Members need not include legal arguments for their written objections to be considered. Class Members may speak at the Final Approval Hearing whether or not they have complied with the above written objection procedures. Class Members may appear remotely at the Final Approval Hearing to discuss their objections with the Court via LA CourtConnect. Information for LA CourtConnect can be found at https://www.lacourt.org/lacc/.

  • You do not need to hire your own lawyer, because Class Counsel is working on your behalf. However, if you want your own lawyer, including to make any objections to the proposed Settlement, you are free to hire one at your own expense. The below are Class Counsel and Galleria Market’s Counsel in this case:

    Class Counsel:

    David S. Winston
    Winston Law Group, P.C.
    david@employmentlitigators.com
    1180 S. Beverly Dr., Suite 610 Los Angeles, CA 90035
    Telephone: (424) 288-4568
    Fax: (424) 532-4062

    Craig J. Ackermann
    Ackermann & Tilajef, P.C.
    cja@ackermanntilajef.com
    1180 S. Beverly Dr., Suite 610 Los Angeles, CA 90035
    Phone: (310) 277-0614
    Fax: (310) 277-0635

    Defendants’ Counsel:

    Sue M. Bendavid
    Nicholas Kanter
    LEWITT HACKMAN SHAPIRO MARSHALL & HARLAN
    16633 Ventura Blvd., 11th Floor Encino, California 91436-1865
    Phone (818) 990-2120
    Fax: (818) 981-4764

  • The proposed Settlement has only been preliminarily approved. The Court will hold a hearing in Dept. 1 of the Los Angeles County Superior Court, 312 N. Spring Street. Los Angeles, California 90012 on January 15, 2021 at 10:30 a.m. Pacific Time, to consider any objections and determine whether the Settlement should be finally approved as fair, reasonable, and adequate. The Court will also be asked to approve the settlement of the PAGA representative claim and also Class Counsel’s request for attorneys’ fees and costs, the costs of settlement administration, and the proposed service award(s). The hearing may be continued without further notice to you. It is not necessary for you to appear at this hearing.

  • This Notice is a summary of the basic terms of the proposed Settlement. For the precise terms and conditions of the proposed Settlement, you may review the detailed “Stipulation of Settlement” on file with the Clerk of the Court as well as the pleadings and other records in this litigation at the Office of the Clerk of the Los Angeles County Superior Court, 312 N. Spring Street. Los Angeles, California 90012. You must make an appointment to view documents at the Office of the Clerk.

    For further information, you may also call or email Class Counsel (listed above) or the Settlement Administrator (listed above). You may also ask Class Counsel to send you a copy of the Joint Stipulation of Settlement and Release of Class and Representative Action. The pleadings and other records in this litigation may also be examined at the Office of the Clerk of the Los Angeles County Superior Court, 312 N. Spring Street. Los Angeles, California 90012. You must make an appointment to view documents at the Office of the Clerk. Additional information is also available through the Court’s online system at http://www.lacourt.org/casesummary/ui/index.aspx?casetype=familylaw by searching using the case number.

    Please do not telephone the Court, the Office of the Clerk, or Galleria Market for information regarding this proposed Settlement.

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Mail

Estrada v. Galleria Market Settlement Administrator
c/o JND Legal Administration
PO Box 91248
Seattle, WA 98111