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Covillo et al v. Specialty's Cafe and Bakery, Inc. et al

MOTION Final Approval of Class-Action Settlement

58 Cited authorities

  1. Hanlon v. Chrysler Corp.

    150 F.3d 1011 (9th Cir. 1998)   Cited 3,136 times   16 Legal Analyses
    Holding that " common nucleus of facts and potential legal remedies dominate[d]" over "idiosyncratic differences between state consumer protection laws" where a nationwide class of minivan buyers’ claims turned on "questions of [the manufacturer’s] prior knowledge of the [vehicle’s] deficiency, the design defect, and a damages remedy"

  2. Boeing Co. v. Van Gemert

    444 U.S. 472 (1980)   Cited 1,058 times   3 Legal Analyses
    Holding that the district court properly assessed attorney's fees based on the total fund available to the prevailing class rather than the amount actually recovered

  3. Rodriguez v. W. Publ'g Corp.

    563 F.3d 948 (9th Cir. 2009)   Cited 1,113 times   2 Legal Analyses
    Holding that settlement was substantively fair and reasonable to the class

  4. Brinker Rest. Corp. v. Superior Court of San Diego Cnty.

    53 Cal.4th 1004 (Cal. 2012)   Cited 827 times   83 Legal Analyses
    Holding the employer is required to provide a meal period to employees, but "is not obligated to police meal breaks and ensure no work thereafter is performed"

  5. Dunleavy v. Nadler

    213 F.3d 454 (9th Cir. 2000)   Cited 898 times   1 Legal Analyses
    Holding that the district court did not abuse its discretion in awarding an incentive award to the class representatives

  6. National Rural Telecommunications Co-op. v. Directv, Inc.

    221 F.R.D. 523 (C.D. Cal. 2004)   Cited 574 times
    Applying to Rule 23 settlement

  7. Officers for Justice v. Civil Serv. Comm'n

    688 F.2d 615 (9th Cir. 1982)   Cited 1,162 times   2 Legal Analyses
    Holding a settlement must stand or fall in its entirety because a district court cannot "delete, modify or substitute certain provisions"

  8. International Union, United Automobile, Aerospace, & Agricultural Implement Workers of America v. General Motors Corp.

    497 F.3d 615 (6th Cir. 2007)   Cited 474 times   4 Legal Analyses
    Finding the Court "must give 'undiluted, even heightened, attention' to its protections before certifying a settlement-only class—one formed just for the purpose of settlement, not for litigation."

  9. Cortez v. Purolator Air Filtration Products Co.

    23 Cal.4th 163 (Cal. 2000)   Cited 570 times   1 Legal Analyses
    Holding restitution is "the return of the excess of what the plaintiff gave the defendant over the value of what the plaintiff received"

  10. Linney v. Cellular Alaska Partnership

    151 F.3d 1234 (9th Cir. 1998)   Cited 419 times   1 Legal Analyses
    Holding that a settlement was fundamentally fair when it created a $6 million settlement fund for the plaintiff class without releasing their claims and provided extensive injunctive relief

  11. Rule 23 - Class Actions

    Fed. R. Civ. P. 23   Cited 36,232 times   1254 Legal Analyses
    Holding that, to certify a class, the court must find that "questions of law or fact common to class members predominate over any questions affecting only individual members"

  12. Section 201 - Short title

    29 U.S.C. § 201   Cited 21,496 times   104 Legal Analyses
    Setting fourteen as the minimum age for most non-agricultural work

  13. Section 17200 - Unfair competition defined

    Cal. Bus. & Prof. Code § 17200   Cited 18,412 times   316 Legal Analyses
    Prohibiting unlawful business practices

  14. Section 216 - Penalties

    29 U.S.C. § 216   Cited 16,919 times   143 Legal Analyses
    Holding employers liable for “unpaid minimum wages, or their unpaid overtime compensation”

  15. Section 207 - Maximum hours

    29 U.S.C. § 207   Cited 10,820 times   231 Legal Analyses
    Establishing overtime rules

  16. Section 255 - Statute of limitations

    29 U.S.C. § 255   Cited 4,682 times   8 Legal Analyses
    Recognizing that not all FLSA wage and overtime claims are willful

  17. Section 226 - Itemized statement of wages

    Cal. Lab. Code § 226   Cited 2,352 times   127 Legal Analyses
    Providing only statutory penalties

  18. Section 201 - Computation and payment of wages upon discharge

    Cal. Lab. Code § 201   Cited 1,834 times   21 Legal Analyses
    Providing that, "[i]f an employer discharges an employee, the wages earned and unpaid at the time of discharge are due and payable immediately"

  19. Section 1194 - Recovery by employee in civil action regardless of agreement to receive lesser wage

    Cal. Lab. Code § 1194   Cited 1,828 times   10 Legal Analyses
    Authorizing an employee receiving less than the legal overtime compensation to recover the unpaid balance, interest, attorney's fees, and costs of suit in a civil action

  20. Section 203 - Failure to pay; penalties

    Cal. Lab. Code § 203   Cited 1,706 times   25 Legal Analyses
    Providing that any willfully unpaid wages "shall continue as a penalty from the due date thereof at the same rate until paid or until an action therefor is commenced"

  21. Section 11050 - Order Regulating Wages, Hours, and Working Conditions in the Public Housekeeping Industry

    Cal. Code Regs. tit. 8 § 11050   Cited 141 times   4 Legal Analyses
    Codifying IWC Order No. 5-2001

  22. Section 778.111 - Pieceworker

    29 C.F.R. § 778.111   Cited 56 times   5 Legal Analyses
    Recognizing piece-rate pay