Declaration

Cal. Super. - 6th Dist.June 7, 2019

10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1QCV348681 Santa Clara - Civil Allan A. Villanueva, SBN 163480 Law Office of Allan A. Villanueva 6101 Bollinger Canyon Road, Suite 379C San Ramon, CA 94583 Telephone (925) 365-1680 Facsimile (650) 479-3086 Attorney for Plaintiffs GLORIA CUBANGBANG CEVALLOS VIRGINIA VISPERAS Electronically Filed by Superior Court of CA, County of Santa Clara, on 2/8/2022 9:10 AM Reviewed By: R. Walker Case #1 9CV348681 Envelope: 8239041 SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CLARA GLORIA CUBANGBANG CEVALLOS and VIRGINIA VISPERAS, individually and 0n behalf of all others similarly situated, , Plaintiffs, V. TUPAZ HOMES LLC; TUPAZ DAY CARE SERVICES INC.; ROSARIO TUPAZ; BEEBE TUPAZ; and DOES 1 t0 100, Defendants. Case N0. 19CV348681 Assigned For A11 Purposes t0 the Honorable Sunil R. Kulkarni, Department 1 SUPPLEMENTAL DECLARATION OF ALLAN A. VILLANUEVA IN SUPPORT OF MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT AND CERTIFICATION OF SETTLEMENT CLASS Hearing Date: February 10, 2022 Time: 1:30 pm. Dept: 1 Complaint Filed: June 7, 2019 SUPPLEMENTAL DECLARATION OF ALLAN A. VILLANUEVA IN SUPPORT OF MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT AND CERTIFICATION OF SETTLEMENT CLASS 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I, ALLAN A. VILLANUEVA, declare as follows: 1. I am the counsel of record for Plaintiffs GLORIA CUBANGBANG CEVALLOS and VIRGINIA VISPERAS (“Plaintiffs”) in this matter. As such, I am fully familiar with the facts, pleadings and history of this matter. The following facts are within my own personal knowledge, except for those facts based on information and belief, and if called as a witness, I could testify competently t0 the matters stated herein. 2. This supplemental declaration is being submitted in support of Plaintiffs’ MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT AND CERTIFICATION OF SETTLEMENT CLASS. 3. I have read the Court’s tentative ruling 0n the MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT AND CERTIFICATION OF SETTLEMENT CLASS. 4. Pursuant t0 the Court’s tentative ruling, Plaintiffs are agreeable to amend Paragraph 1.29 0f the JOINT STIPULATION OF CLASS ACTION SETTLEMENT AND RELEASE, pertaining to “Released Claim.” 5. Ihave attempted t0 meet and confer with defense counsel on several occasions. 6. Attached as Exhibit A is the proposed AMENDMENT TO JOINT STIPULATION OF CLASS ACTION SETTLEMENT AND RELEASE. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Dated: February 8, 2022 /\_’_\ eclarant 2 SUPPLEMENTAL DECLARATION OF ALLAN A. VILLANUEVA IN SUPPORT OF MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT AND CERTIFICATION OF SETTLEMENT CLASS EXHIBIT A 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ALLAN A. VILLANUEVA, BAR NO. 163480 LAW OFFICE OF ALLAN A. VILLANUEVA 6101 Bollinger Canyon Road, Suite 379C San Ramon, CA 94583 Telephone: (925) 365-1680 Fax: (650) 479-3086 Email: allan@allanvillanuevalaw.com Attorney for Plaintiffs GLORIA CUBANGBANG CEVALLOS and VIRGINIA VISPERAS SUSAN E. BISHOP, BAR NO. 187253 IRIS C. CHIU, BAR NO. 327467 BERLINER COHEN, LLP 10 Almaden B1Vd., 11th Floor San Jose, CA 951 13 Telephone: (408) 286-5800 Fax: (408) 998-5388 Email: Susan.bishop@berliner.com Iris.Chiu@berliner.com Attorneys for Defendants TUPAZ HOMES LLC; TUPAZ DAY CARE SERVICES, INC; ROSARIO TUPAZ; and BEEBE TUPAZ SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA GLORIA CUBANGBANG CEVALLOS, VIRGINIA VISPERAS, individually and on behalf of all others similarly situated, Plaintiffs, TUPAZ HOMES LLC; TUPAZ DAY CARE SERVICES INC; ROSARIO TUPAZ; BEEBE TUPAZ; and DOES 1 to 100, Defendants. Defendants. Case No. 19CV348681 Assignedfor allpurposes t0 the Hon. Sunil R. Kulkarni, Dept. I PROPOSED CLASS ACTION AMENDMENT TO JOINT STIPULATION OF CLASS ACTION SETTLEMENT AND RELEASE AMENDMENT TO JOINT STIPULATION OF CLASS ACTION SETTLEMENT AND RELEASE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STIPULATION This Amendment (“Amendment”) to the Joint Stipulation 0f Class Action Settlement and Release (hereinafter “Agreement”) ofNovember 7, 2021, is made and entered into by and between Plaintiffs Gloria Cubangbang Cevallos and Virginia Visperas (“Plaintiffs”), individually and on behalf of all others similarly situated, and Defendants Tupaz Homes LLC, Tupaz Day Care Services, Inc., Rosario Tupaz and Beebe Tupaz (collectively “Defendants” or “Tupaz Homes”). Plaintiffs and Defendants may be jointly referred to as the “Parties.” This Amendment shall be binding 0n Plaintiffs and those persons they represent and Defendants, subject t0 the terms and conditions hereof and the approval of the Court. The purpose of this Amendment is to clarify and amend the definition of “Released Claims” t0 conform With the decision in Amara v. Anaheim Arena Management, LLC (2021) 69 Cal.App.5th 521, 538-539. Deleted text is indicated with strikethrough type; added text is indicated with italic type. THE PARTIES THEREFORE STIPULATE AND AGREE to amend the Agreement as follows: 1.29. Released Claims. “Released Claims” shall mean any and all claims or causes 0f action arising any time during the Class Period that arebased-en-ef reasonably relate t0 the el-ai-ms same set ofoperativefacts asserted in the Complaint by Plaintiffs pursuant t0 the terms stated in this Agreement, to include: a) Claims for unpaid overtime and minimum wages, failure t0 provide meal breaks, failure t0 provide proper itemized wage statements, unlawful business practices, waiting time penalties; any unpaid wages related t0 any of the foregoing; restitution for any 0f the foregoing; Violations ofLabor Code §§ 201-203, 204, 226, 226.7, 510, 558, 1194, 1194.2, 1197, 1197.1, 2699 and Business & Professions Code 17200. b) Any and all claims for penalties under the California Private Attorneys’ General Act predicated 0n claims for improper and/or inaccurate wage statements; underpayment of minimum wage or overtime wages; waiting time penalties; any unpaid wages related t0 any 0f the foregoing; Violations ofLabor Code §§ 201-203, 204, 226, 226.7, 510, 558, 1194, 1194.2, 1197, -1- AMENDMENT TO JOINT STIPULATION OF CLASS ACTION SETTLEMENT AND RELEASE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1197. 1 , 2699 and all other claims under the PAGA based on the facts as alleged in the Third Amended Complaint (collectively, the “Released Claims”). IN WITNESS WHEREOF, the undersigned have duly executed this Agreement as 0f February _, 2022. PLAINTIFFS: Gloria Cubangbang Cevallos TUPAZ HOMES LLC Rosario Tupaz Managing Member Rosario Tupaz Approved as t0 Form: Date: February _, 2022 Date: February _, 2022 Virginia Visperas TUPAZ DAY CARE SERVICES, INC. Rosario Tupaz President Beebe Tupaz LAW OFFICE OF ALLAN A. VILLANUEVA By: ALLAN A. VILLANUEVA Attorney for Plaintiffs BERLINER COHEN LLP By: SUSAN E. BISHOP Attorneys for Defendants -2- AMENDMENT TO JOINT STIPULATION OF CLASS ACTION SETTLEMENT AND RELEASE