Notice_of_motion

Motion

Cal. Super. - 5th Dist.January 19, 2018

OO 0 NN O N ni BA W N N N N N N N N N N mm e e e m e e e e e e e e e e 0 N N O N nn RAR W N = O VV N N N B R A W N = O David Mara, Esq. (230498) Jill Vecchi, Esq. (299333) Matthew Crawford, Esq. (310230) Nikki Ousdahl, Esq. (316007) THE TURLEY & MARA LAW FIRM, APLC 7428 Trade Street San Diego, California 92121 Telephone: (619) 234-2833 Facsimile: (619) 234-4048 Attorneys for MARCOS HERNANDEZ, on behalf of himself, all others similarly situated, and on behalf of the general public. ELECTRONICALLY|FILED 2/13/2019 10:48 AM Kem County Superio r Court By Vicky Garrido, Deputy SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF KERN MARCOS HERNANDEZ, on behalf of himself, all others similarly situated, and on behalf of the general public, Plaintiff, V. AVIATION PORT SERVICES L.L.C. and DOES 1-100, Defendants. Case No. BCV-18-100141 NOTICE OF PLAINTIFF MARCOS HERNANDEZ’S MOTION FOR CLASS CERTIFICATION Reservation ID: 34174 Date: March 18, 2019 Time: 8:30 a.m. Judge: Hon. David R. Lampe Dept.: 11 Complaint Filed: January 19,2018 Trial Date: None Set NOTICE OF PLAINTIFF'S MOTION FOR CLASS CERTIFICATION 1 CASE NO. BCV-18-100141 OO 0 NN OO wn BA W N N N N N N N N N N m= e m e e e e e e e e ee e d 0 NN O N Un B R A W N = O 0 N Y B R A W N = O TO ALL PARTIES: PLEASE TAKE NOTICE THAT on March 18, 2019 at 8:30 a.m. or as soon thereafter as the matter can be heard in front of the Honorable David R. Lampe, in Department 11 of the Kern County Superior Court, located at 1415 Truxtun Avenue, Bakersfield, California 93301, Plaintiff Marcos Hernandez (“Plaintiff”) will, and hereby does, moves this Court pursuant to California Code of Civil Procedure § 382 for an order: 1. Determining that a class action is proper as to all causes of action in the operative complaint pursuant to California Code of Civil Procedure § 382 on grounds that: (1) the Class is ascertainable and sufficiently numerous, (2) common questions of law and fact predominate over individual issues, (3) the class representative’s claims are typical of the Class, (4) the class representative will adequately represent the interests of the Class, and (5) class treatment is superior. 2. Certifying this matter as a class action on behalf of all present and former non-exempt employees of Defendant Aviation Port Services L.L.C. (“Aviation Port”) who were paid on an hourly basis and who worked at an Aviation Port facility in California at any time from January 19, 2014 to the present. 3. Certifying the matter as a class action as to the following subclasses: a. Failure to pay compensation for all time worked (First and Second Cause of Action in the Complaint); b. Failure to provide meal periods (Third Cause of Action in the Complaint); c. Failure to authorize and permit rest periods (Fourth Cause of Action in the Complaint); d. Failure to provide accurate itemized wage statements (Fifth Cause of Action in the Complaint); e. Failure to pay timely wages due at termination/waiting time penalties (Sixth Cause of Action in the Complaint); and f. Violations of California’s Unfair Competition Law (Seventh Cause of Action in the Complaint). Notice is further given that Plaintiff and all similarly situated will move this Court to certify, NOTICE OF PLAINTIFF'S MOTION FOR CLASS CERTIFICATION CASE NO. BCV-18-100141 2 O O 0 NN O&O Un B A W O N = N N N N N N D N N N N m m = a e m em a e m p m e m a XR NN AN Lh A W N = O O VU N O Y D R A W N = OO the named Plaintiff as representative of the Plaintiff Class and his representatives of record as counsel for the Plaintiff Class. Plaintiff’s motion is based on this Notice, Plaintiff’s Memorandum of Points and Authorities, the Declaration of Nikki Ousdahl, Esq., the Declaration of Kevin Taylor, the Declaration of David Mara, Esq., the Declaration of Marcos Hernandez, Plaintiff's reply in support of his motion for clas certification, such argument of counsel as may be presented at the hearing on this matter, and all papers and records on file herein. Date: February 13, 2019 THE TURLEY & MARA LAW F _ APLC og (ods vid Mara, Esq. J sil Vecchi, Esq. Matthew Crawford, Esq. Nikki Ousdahl, Esq. Attorneys for Plaintiff, MARCOS HERNANDEZ on behalf of himself, all others similarly situated, and on behalf of the general public NOTICE OF PLAINTIFF'S MOTION FOR CLASS CERTIFICATION CASE NO. BCV-18-100141 3