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Photo of Kern Co Non Criminal Court

Court

Kern Co Non Criminal Court

California

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Case Information

Filed 2021-09-27
Status View Document Conference 09/30/2022
Type 15 Cv Other Employment Civil Unlimited
Docket 74 entries
Disposition without prejudice

Parties

Plaintiff Armando Ambriz, On Behalf Of Himself And For All Similarly Situated Persons | Ambriz, Armando
Defendant Golden State Ag Services, Inc. | Helena Agri Enterprises, Llc | Coastal Employment Services Llc
Photo of Hon. Bradshaw, J. Eric

Judge

Hon. Bradshaw, J. Eric

Kern County (CA)

California

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Lawyers

Docket Entries

  1. View Document Notice of Assignment and OSC re CRC 3110 and CMC (N18C)
  2. Comment Re: 3.110 Hearing Date: 01/12/2022 Hearing Time: 8:30 AM Hearing Department/Division: 11
  3. View Document Rejection/Correction Notice
  4. Comment TO: Attorney, Farrah Mirabel RE: Civil Case Cover Sheet REASON: did not meet e-filing specs
  5. Served 11/08/2021
  6. Served 10/26/202112:05 PM
  7. Served 10/25/20213:36 PM
  8. Comment Motion to Compel Arbitration and for an Order Staying the Action; Hearing Date: 1/10/22 at 8:30 a.m. in Division J
  9. Comment in support of Motion to Compel Arbitration and for an Order Staying the Action
  10. Comment of John E. Fitzsimmons in support of Motion to Compel Arbitration and for an Order Staying the Action
  11. Comment of Jesse Gutierrez
  12. Comment Re-Notice of Motion to Compel Arbitration and for an Order Staying the Action
  13. Comment Proof of Service of Re-Notice of Motion
  14. Judicial Officer Bradshaw, J. Eric
  15. Comment to Continue All Deadlines by 90 Days The Court, having read and considered the Parties' Stipulation, and good cause appearing therefore, hereby GRANTS the Stipulation and ORDERS as follows: 1. Helena's Motion to Compel Arbitration is continued from February 7, 2022 to May 10, 2022, 8:30 a.m. in Division J; 2. Golden State and Coastal have a continuance of time to file a response to the complaint or a motion to compel arbitration, until 15 days after the parties participate in mediation, if mediation is unsuccessful 3. The Case Management Conference is continued from March 28, 2022 to June 27, 2022 at 8:30 a.m. in Division J; and, 4. Any corresponding dates, whether set automatically by statute or specifically by the Court, shall run from the new deadlines above; and 5. All other deadlines in this action are also continued for 90-days. IT IS SO ORDERED.
  16. View Document Rejection/Correction Notice
  17. Comment re Proof of Service, Coastal Employment
  18. View Document Rejection/Correction Notice
  19. Comment re; Proof of Service, Golden State Ag services
  20. Comment as to Helena Agri-Enterprises, LLC, a Limited Liability Company, via personal service
  21. Comment as to Coastal Employment Services LLC, a limited liability company, via personal service
  22. View Document Rejection/Correction Notice
  23. Comment re; Proof of Service
  24. Comment as to Golden State Ag Services, Inc. a California Corporation, via mail service
  25. Judicial Officer Bradshaw, J. Eric
  26. Hearing Time 8:30 AM
  27. Cancel Reason Renotice Filed
  28. Comment 12/15/21 Defendant, HELENA AGRI-ENTERPRISES, LLC Motion to Compel Arbitration and for an Order Staying the Action
  29. View Document Notice of Assignment and OSC re CRC 3110 and CMC (N18C)
  30. Judicial Officer Bradshaw, J. Eric
  31. Hearing Time 8:30 AM
  32. Cancel Reason Proof Of Service Filed
  33. Comment 5/10/22 to Compel Arbitration and for an Order Staying the Action; Joinder in Defendant Helena's Motion to Compel Arbitration
  34. Comment of Rissa A. Stuart in Support of to Compel Arbitration and for an Order Staying the Action; Joinder in Defendant Helena's Motion to Compel Arbitration
  35. Comment in Support of to Compel Arbitration and for an Order Staying the Action; Joinder in Defendant Helena's Motion to Compel Arbitration
  36. Judicial Officer Bradshaw, J. Eric
  37. Comment to Submit Matter to Binding Arbitration and Stay Action IT IS HEREBY ORDERED AS FOLLOWS: 1. With regard to causes of action one through ten of Plaintiff's Complaint, Plaintiff Armando Ambriz, Defendant Golden State Ag Services, Inc., Defendant Coastal Employment Services, LLC, and Defendant Helena Agri-Enterprises, LLC are ordered to submit to final, binding arbitration, in accordance with the foregoing Stipulation and the Arbitration Agreement executed between Plaintiff and Defendant Golden State Ag Services, Inc. in or about April 2021. 2. The remainder of this action and all proceedings are stayed until at least August 2022, or the final determination of Viking River Cruises, Inc. v. Mariana, currently pending before the United States Supreme Court. A case status conference is hereby scheduled for September 30, 2022, 8:30 a.m., in Div. "J". Plaintiff shall give notice of this order and the case status conference.
  38. Comment Defendants Golden State Ag Services, Inc. and Coastals Employment Services, LLC Withdrawal of their motion to Compel Arbitration
  39. Comment DEFENDANT HELENA AGRI-ENTERPRISES, LLC S WITHDRAWAL OF ITS MOTION TO COMPEL ARBITRATION
  40. Judicial Officer Bradshaw, J. Eric
  41. Hearing Time 8:30 AM
  42. Cancel Reason Other
  43. Comment Filed 12/15/21, Re-Notice Filed 12/17/21, by Defendant, Helena Agri-Enterprises, LLC. Motion to Compel Arbitration and for an Order Staying the Action
  44. Judicial Officer Bradshaw, J. Eric
  45. Hearing Time 8:30 AM
  46. Cancel Reason Other
  47. Comment 3/22/2022 Defendant: GOLDEN STATE AG SERVICES, INC. AND COASTAL EMPLOYMENT SERVICES, LLC Motion to Compel Arbitration and Order Staying the Action (JOINDER)
  48. View Document Notice of Assignment and OSC re CRC 3110 and CMC (N18C)
  49. Judicial Officer Bradshaw, J. Eric
  50. Hearing Time 8:30 AM
  51. Cancel Reason Stipulation Filed
  52. View Document Case Status Conference 09/30/2022
  53. Judicial Officer Bradshaw, J. Eric
  54. Hearing Time 8:30 AM
  55. Result Held
  56. Comment Order staying action 4/29/2022
  57. Comment NOTICE OF MOTION AND MOTION FOR COURT APPROVAL OF THE PARTIES PAGA SETTLEMENT: MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT
  58. Comment DECLARATION OF FARRAH MIRABEL IN SUPPORT OF MOTION FOR COURT APPROVAL OF THE PARTIES' PAGA SETTLEMENT
  59. Comment Notice of Remote Appearance by John E. Fitzsimmons
  60. Comment of Remote Appearance
  61. View Document Motion (Pre-Disposition) 10/27/2022
  62. Judicial Officer Bradshaw, J. Eric
  63. Hearing Time 8:30 AM
  64. Result Held
  65. Comment 9/29/2022 Plaintiff's Motion for PAGA Settlement Approval
  66. View Document Motion (Pre-Disposition) 10/27/2022
  67. Judicial Officer Bradshaw, J. Eric
  68. Hearing Time 8:30 AM
  69. Result Held
  70. Comment Cont'd from 05/13/22, 07/28/22, 9/30/22
  71. Judicial Officer Bradshaw, J. Eric
  72. Comment (Order Granting Approval of PAGA Settlement and) Under Labor Code 2699(l)(2) of the Private Attorneys General Act of 2004, 2698, et seq. ("PAGA"), the Motion for Court Approval of the Parties' PAGA Settlement by Plaintiff Armando Ambriz ("Plaintiff") came before this Court on October 27, 2022 on a regularly noticed motion. Plaintiff's complaint seeks civil penalties on behalf of the State of California and similarly situated aggrieved employees, as authorized by PAGA under Labor Code 2699, in relation to alleged violations of the predicate statutes set forth in Plaintiff's complaint and theletter to the Labor and Workforce Development Agency ("LWDA") dated July 13, 2021 ("LWDA Notice"), on behalf of all current and former non-exempt, hourly employees of Defendant from July 13, 2020 to the date of this Order, inclusive. Under PAGA, in any action brought by an aggrieved employee, the Court "shall review and approve any settlement of any civil action filed pursuant to this part." Lab. Code 2699(l)(2). Accordingly, the Court, having considered the proposed settlement set forth in the Settlement Agreement, including the proposed PAGA penalties, under Labor Code 2699(l)(2), having considered the papers filed in support of the proposed settlement and the arguments of counsel, and GOOD CAUSE appearing, HEREBY ORDERS AS FOLLOWS: 1. The Court finds the instant Action presents a good faith dispute of the claims alleged. 2. GOOD CAUSE having been shown, the Court finds in favor of settlement approval, and therefore approves the Settlement of the above-captioned action, as set forth in the Settlement Agreement and each of the releases and other terms. 3. The Court has considered all relevant factors for determining the fairness of the Settlement and has concluded that all such factors weigh in favor of approving the Settlement. In particular, the Court finds that the Settlement was reached following meaningful discovery and investigation conducted by Plaintiff; that the Settlement is the result of serious, informed, adversarial, and arm's length negotiations between the Parties; that the relief provided to the LWDA and PAGA Members (as defined in the Settlement Agreement) is genuine and meaningful; and that the terms of the Settlement are in all respect fair, just, reasonable, and adequate and fulfill PAGA's objectives. 4. In so finding, the Court has considered all evidence presented, including evidence regarding the strength of Plaintiff's PAGA Claims; the risk, expense, and complexity of the claims presented; the likely duration of further litigation; the extent of investigation and discovery completed; and the views of counsel. The Parties have provided the Court with sufficient information about the nature and magnitude of theclaims being settled, as well as the impediments to recovery, to make an independent assessment of the reasonableness of the terms to which the Parties have agreed. 5. According, the Court hereby finds that the Settlement is, in all respects, fair, reasonable, adequate, and fulfills PAGA's objectives, thus, hereby directs implementation of all remaining terms, conditions, and provisions of the Settlement. 6. The Court finds further that Plaintiff, acting on behalf of himself and the State of California, by operation of this Order and Judgment hereby releases and forever discharges Golden State AG Services, Inc., Helena Agri-Enterprises, LLC, and Coastal Employment Services LLC and their respective past and present affiliated entities, parents, subsidiaries, owners, officers, shareholders, executives, managers, directors, employees, agents, and attorneys ("Released Parties" as defined in the Settlement Agreement) from any and all Covered Claims, defined in the Settlement Agreement to mean "any and all claims, demands, rights, liabilities, and/or causes of action for civil penalties pursuant to PAGA arising during the Covered Period for the following Labor Code violations alleged in Plaintiff's July 13, 2021 LWDA Notice and/or in the Action: (1) Missed Rest Breaks (Cal. Labor Code 226.7(a)); (2) Missed Meal Breaks (Cal. Labor Code 226.7, 512, 1198); (3) Failure to Pay Minimum Wages (Cal. Labor Code 1194, 1197); (4) Failure to Pay All Overtime Worked (Cal. Labor Code 510, 1194, 1198); (5) Failure to Pay All Wages Earned (Cal. Labor Code 204); (6) Improper Wage Statements and Failure to Keep Accurate Personnel and Payroll Records (Cal. Labor Code 226, 1174, 1198.5); (7) Failure to Pay Wages Upon Separation (Cal. Labor Code 201-203); (8) Denial of Equal Pay for Substantially Similar Work (Cal. Labor Code 1197.5, 1199.5); and (9) Failure to Provide Rest Days (Cal. Labor Code 551-553)." 7. The Court finds further that the foregoing release shall be binding on Plaintiff and the State of California and shall bar any claim under PAGA brought by any person, including the PAGA Members, on behalf of the State of California, as to the released Covered Claims and Released Parties. The Court appoints Phoenix Class Action Administration Solutions to serve as the Settlement Administrator and to carry out its duties as set forth in the Settlement Agreement. 9. The Parties are directed to comply with all terms of the Settlement Agreement, and Defendants are directed to make all payments required by the Settlement Agreement pursuant to its terms. 10. Under the Settlement Agreement, Defendants agree to pay an all-in gross amount of Ten Thousand Dollars ($10,000.00) ("Gross Settlement Amount"). The Gross Settlement Amount is inclusive of payments to the Settlement Administrator ($2,500.00), Plaintiff's counsel's costs ($290.00), the LWDA (75% of the remainder - $5,407.50) and PAGA Members (25% of the remainder -$1,802.50). No portion of the Gross Settlement Amount will revert to Defendants. Plaintiff is not receiving any separate or additional enhancement or consideration in connection with the PAGA Settlement. Plaintiff's counsel is not receiving any separate or additional consideration for attorney's fees in connection with the PAGA Settlement. The Court approves these payments, and directs that payments should be made to the LWDA and PAGA Members as set forth in the Settlement Agreement, along with the Notice of PAGA Settlement, as set forth in the Settlement Agreement. 11. The Court enters final judgment in accordance with the terms of the Settlement Agreement and this Order. 12. Plaintiff is directed to submit a copy of this Order and entry of judgment to the LWDA within 10 days of the date of this Order and entry of Judgment.
  73. Judicial Officer Bradshaw, J. Eric
  74. Comment Declaration Farrah Mirabel ISO of Request for Dismissal of Class Claims Pursuant to California Rules of Court Rule 3.770 The Court orders as follows: (1) Given the declaration 0f Plaintiff s attorney, Farrah Mirabel, Plaintiffs class claims against all Defendants are dismissed without prejudice.

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