4814-4130-2610.1
[PROPOSED] ORDER GRANTING PLAINTIFFS’ MOTION FOR PRELIMINARY APPROVAL OF CLASS
ACTION SETTLEMENT
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
MAKAREM & ASSOCIATES, APLC
Ronald W. Makarem, Esq. (SBN 180442)
Cameron Stewart, Esq. (SBN 140300)
stewart@law-rm.com
11601 Wilshire Blvd., Suite 2440
Los Angeles, CA 90025-2440
Tel.: (310) 312-0299
Fax: (310) 312-0296
Attorneys for Plaintiff Nancy Garcia
individually and on behalf of all others
similarly situated
SUPERIOR COURT OF THE STATE OF CALIFORNIA
LOS ANGELES COUNTY – COMPLEX COURT
NANCY GARCIA, individually and on behalf
of all others similarly situated,
Plaintiff,
vs.
COMMON AREA MAINTENANCE
SERVICES, INC. dba CAM SERVICES,
INC., CAM PROPERTY SERVICES, INC., a
California Corporation, DAVID HERRERA,
an individual, and DOES 1 through 20,
inclusive;
Defendants.
CASE NO. 20STCV19361
[PROPOSED] ORDER: PLAINTIFF’S
NOTICE OF MOTION AND
MOTION FOR PRELIMINARY
APPROVAL OF CLASS ACTION
SETTLEMENT
Date: August 25, 2023
Time: 9:00 a.m.
Dept.: 6
Electronically Received 09/01/2023 3:49 PM
4814-4130-2610.1
[PROPOSED] ORDER GRANTING PLAINTIFFS’ MOTION FOR PRELIMINARY APPROVAL OF CLASS
ACTION SETTLEMENT
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
This matter came on for hearing on August 25, 2023 at 9:00 a.m., in the above-entitled
court located at 312 N. Spring Street, Los Angeles, California 90012, on the Motion for
Preliminary Approval of Class Action Settlement. Having fully reviewed and considered the
moving papers, and having analyzed the Class Action Settlement Agreement (“Settlement
Agreement”) between Plaintiff Nancy Garcia (“Plaintiff”) and Defendants Common Area
Maintenance Services dba CAM Services, Inc., and David Herrera (collectively “Defendants”),
attached as Exhibit “A” to the Declaration of Ronald W. Makarem.
THIS COURT HEREBY MAKES THE FOLLOWING ORDERS:
1. This Court hereby preliminarily approves the proposed Settlement Agreement, as
being fair, reasonable, and adequate.
2. All defined terms contained herein shall have the same meanings as those set forth
in the Settlement Agreement.
3. The Class Notice, attached as Exhibit “1” to Exhibit “A” of the Declaration of
Ronald W. Makarem, is hereby approved.
4. The Court finds that the distribution of the Class Notice in the manner set forth
herein substantially meets the requirements of California law and due process, is the best notice
practicable under the circumstances, and shall constitute due and sufficient notice to all persons
entitled thereto.
5. Solely for the purposes of the proposed settlement, the following class is hereby
provisionally certified pursuant to California Code of Civil Procedure section 382 as follows:
The “Class” or “Settlement Class” shall mean all current and former
non-exempt employees employed by Defendant Common Area
Maintenance Services, Inc., dba CAM Services, Inc. in California at
any time from May 14, 2016 through the earlier of either (1)
preliminary approval or (2) whenever the workweeks for the
Settlement Class exceed 12,597.
4814-4130-2610.1
[PROPOSED] ORDER GRANTING PLAINTIFFS’ MOTION FOR PRELIMINARY APPROVAL OF CLASS
ACTION SETTLEMENT
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
6. Solely for the purposes of the proposed settlement, the Court does hereby
preliminarily approve Ronald W. Makarem, and Cameron Stewart of Makarem & Associates,
APLC (“Plaintiff’s Counsel or Class Counsel”) as Class Counsel.
7. Solely for the purposes of the proposed settlement, the Court does hereby
preliminarily approve Plaintiff Nancy Garcia as Class Representative.
8. Solely for the purposes of the proposed settlement, the Court does hereby
preliminarily approve of and appoint CPT Group Administrators (“CPT”), as the Parties'
Settlement Administrator, and approves of settlement administration costs of up to $ 20,000.
9. The Court finds that the section of the Settlement Agreement regarding the
disposition of uncashed checks complies with California Code of Civil Procedure Sections 382.4
and 384 by providing that any unclaimed settlement funds (settlement checks that expire) shall be
un-cashed check will be distributed pursuant to Code of Civil Procedure section 384 to the Court
Appointed “Dress for Success Worldwide West”, or other cy pres beneficiary to be selected by
Defendant and approved by the Court.
10. A final fairness hearing (the "Final Approval Hearing") shall be set on January 5,
2024, in Department 6 of this Court for the review, the notice process and objections, if any, and
to determine whether the proposed settlement on the terms and conditions set forth in the
Settlement Agreement are fair, reasonable, and adequate, and should be approved by the Court;
whether the Judgment as provided in the Settlement Agreement should be entered into; and to
determine the amount of attorneys' fees and costs that should be awarded to Class Counsel and the
amount of the Incentive Award that should be awarded to the Representative Plaintiff.
11. The Settlement Administrator shall supervise and administer the notice procedure
as follows:
a. Within Fourteen Days (14) Calendar Days after Preliminary Approval is Granted
by the Court, Defendants shall provide the Settlement Administrator with an
updated list of Class Members containing names, social security numbers, dates of
employment, last-known addresses and phone numbers (the “Database”).
By 9-13-23
EXHIBIT A
4814-4130-2610.1
[PROPOSED] ORDER GRANTING PLAINTIFFS’ MOTION FOR PRELIMINARY APPROVAL OF CLASS
ACTION SETTLEMENT
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
16. The Court reserves the right to adjourn the date of the Final Approval Hearing
without further notice to the Class Members, and it will retain jurisdiction to consider all further
applications arising out of or connected with the proposed Settlement.
IT IS SO ORDERED.
Dated: ______________________, 2023 _________________________________
Judge of the Superior Court
9-06
EXHIBIT A
NOTICE OF CLASS ACTION SETTLEMENT
Garcia v. CAM Services, Inc. et al.
Los Angeles County Superior Court, 20STCV19361
PLEASE READ THIS NOTICE CAREFULLY.
You have received this Notice because CAM Services, Inc.’ records indicate that you may
be eligible to take part in the class action settlement reached in the above-referenced
matter.
You do not need to take any action to receive a settlement payment and, unless you request
to be excluded from the settlement, your legal rights may be affected.
This Notice is designed to advise you of your rights and options with respect to the
settlement.
This “NOTICE OF PROPOSED CLASS ACTION SETTLEMENT AND HEARING DATE FOR
COURT APPROVAL” (“NOTICE”) is to inform you that the parties have agreed to a class action
settlement.
The Court has granted preliminary approval of the Settlement and the Court ordered this Notice be
sent to you because you may be entitled to money under the Settlement and because the Settlement
affects your legal rights. A description of the lawsuit, the settlement terms, and your options in
response to this Notice are explained below.
NO ACTION NEEDS TO BE TAKEN TO RECEIVE MONEY UNDER THE
SETTLEMENT: If you are a Class Member (as defined below) and received this Notice, you are
automatically included in the Settlement and do not need to take any further action to receive a
payment. If you accept your settlement amount, you will release the claims described in Section V
below.
On May 14, 2020, Plaintiff Nancy Garcia filed a Complaint (“Complaint”) against Defendants on
behalf of the Class Members, in the matter of Nancy Garcia v. CAM Services, Inc., et al., Case
No. 20STCV19361 in the Superior Court of California for the County of Los Angeles (the
“Action”). In the Complaint, Plaintiff claimed that Defendants (1) failed to pay overtime wages;
(2) failed to provide meal periods; (3) failed to provide rest periods; (4) failed to provide accurate
wage statements; (6) failed to pay all wages earned; (7) failed to pay all wages earned upon
INTRODUCTION
DESCRIPTION OF THE LAWSUIT
termination or discharge; (8) unfair business practices based on the foregoing; and (9) Labor Code
Private Attorneys General Act, Labor Code sections 2698, et seq.
Defendants have denied liability, vigorously deny the allegations in the Complaint, and have
raised various defenses to these claims. Defendants contend, among other things, that they fully
complied with California wage and hour laws, provided timely off-duty meal and rest breaks,
properly and timely compensated its employees, and provided accurate itemized wage statements.
Defendants wish to settle this case to avoid costly, disruptive, and time-consuming litigation and
do not admit to any wrongdoing or liability.
The Court has not ruled on the merits of Plaintiff’s claims. By approving the Settlement and issuing
this Notice, the Court is not suggesting which side would win or lose this case if it went to trial.
However, to avoid additional expense, inconvenience, and risks of continued litigation, Defendants
and Plaintiff have concluded that it is in their respective best interests and the interests of the Class
Members to settle the Action on the terms summarized in this Notice.
Plaintiff and Class Counsel support this Settlement. Among the reasons for support are the defenses
to liability potentially available to Defendants, the risk of denial of class certification, the inherent
risk of trial on the merits, and the delays and uncertainties associated with litigation.
Under this settlement, the following settlement class will be certified under California law: all
current and former non-exempt field or administrative employees employed by Defendants CAM
Services, Inc, et al. in California at any time from May 14, 2016 through the earlier of either the
Court has given (1) preliminary approval of the Class Settlement or (2) whenever the workweeks
for the Settlement Class exceed 12,597.
Plaintiff and her counsel, Cameron Stewart, Esq. and Ron Makarem, Esq. (“Class Counsel”),
believe that the settlement described below is fair, adequate, reasonable and in the best interests of
Plaintiff and the Class.
On August 25, 2023, the Court preliminarily approved the settlement and conditionally certified
the settlement class. This Notice is being sent to you because Defendants’ records indicate that you
were employed by Defendants during the Class Period and that you are a Class Member.
IF YOU ARE STILL EMPLOYED BY DEFENDANT, THIS SETTLEMENT WILL NOT
AFFECT YOUR EMPLOYMENT.
California law strictly prohibits retaliation. Further, Defendant is prohibited by law from
taking any adverse action against or otherwise target, retaliate, or discriminate against any
Class Member because of the Class Member’s participation or decision not to participate in
this Settlement.
Defendant has agreed to pay $375,000.00 (the “Gross Settlement Amount”) to resolve the
TERMS OF THE SETTLEMENT
Released Claims, as defined in section V below. The following payments will be made from the
Gross Settlement Amount:
Settlement Administration Costs. The Court has approved CPT Group, to act as the “Settlement
Administrator,” who is sending this Notice to you and will perform many other duties relating to
the Settlement. Under the Settlement, up to $20,000 will be paid from the Settlement Amount to
pay the Settlement Administration Costs.
Class Counsel’s Attorneys’ Fees and Expenses. Class Counsel – which includes attorneys from
Makarem & Associates, ALPC–have been prosecuting the Lawsuit on behalf of the Class
Members on a contingency fee basis (that is, without being paid any money to date) and have
been paying all litigation costs and expenses. To date, the parties have aggressively litigated many
aspects of the case including settlement efforts and a full day mediation session. The Court will
determine the actual amount awarded to Class Counsel as attorneys’ fees, which will be paid from
the Settlement Amount. Class Members are not personally responsible for any of Class Counsel’s
attorneys’ fees or expenses. Class Counsel will collectively ask for fees of 33.33% (i.e.,
$125,000.00) of the Settlement Amount as reasonable compensation for the work Class Counsel
performed and will continue to perform in this Lawsuit. Class Counsel also will ask for
reimbursement of up to $30,000.00 for the costs Class Counsel incurred in connection with the
Lawsuit.
Service Payment to Named Plaintiff and Class Representative. Class Counsel will ask the Court to
award Named Plaintiff and Class Representative Nancy Garcia a service payment in the amount
of $10,000 to compensate her for her service and extra work provided on behalf of the Class
Members. The Class Representative also may receive a share of the Settlement as a Class
Member.
PAGA Distribution Amount. Class Counsel has asked the Court to approve $3,750.00 as PAGA
civil penalties pursuant to Labor Code section 2699(i), seventy-five percent (75%) of such
penalties, or $2,812.00 will be payable to the Labor & Workforce Development Agency
(“LWDA”) and the remaining twenty-five percent (25%), or $938.00, will be paid to the
Settlement Class Members.
Net Settlement Amount. After deducting the amounts above, the balance of the Settlement
Amount will form the Net Settlement Amount for distribution to the Class Members. Section IV
explains your individual share of the Settlement Amount.
You can view the Settlement Agreement and other Court documents related to this case by
visiting www.cptgroupcaseinfo.com/CAMServicesSettlement.
The Individual Settlement Amount for each Class Participant (a Class Member that does not opt-
out of the Settlement) will be calculated on a pro rata basis based on the number of workweeks
worked during the Class Period, as follows. The dollars per compensable workweek will be
YOUR INDIVIDUAL SHARE OF THE SETTLEMENT AMOUNT
calculated by dividing the total number of workweeks worked by the Net Settlement Amount to
determine a workweek value. The workweek value will be multiplied by the number of workweeks
each Class Member worked during the Class Period to determine the Individual Settlement Amount
for each Class Member. If any Class Member opts-out of the Settlement, his/her share will be
distributed to Class Participants. Ten percent (10%) of the Settlement Award distributed to each
Claimant will be considered and reported as “wages” (W-2 reporting), and Ninety percent (90%)
of the Settlement Award will be distributed to each Claimant as “interest” and as non-wage
“penalties” (Form 1099). Defendants, or its proxies, shall take all usual and customary deductions
from the Settlement payments that are distributed as wages, including, but not limited to, state and
federal tax withholding, disability premiums, and unemployment insurance premiums. There will
be no deduction taken from the interest or penalty distribution; however, it will be reported on IRS
Form 1099 as income. Class Participants are responsible for the proper income tax treatment of the
Settlement Awards. The Settlement Administrator, Defendants and their counsel, and Class
Counsel cannot provide tax advice. Accordingly, Class Members should consult with their tax
advisors concerning the tax consequences and treatment of payments they receive under the
Settlement.
The workweeks you worked for Defendants during the Class Period will be calculated based on
Defendants’ records.
BASED ON DEFENDANTS’ RECORDS, YOU WORKED APPROXIMATELY
____________ WORKWEEKS DURING THE CLASS PERIOD.
ACCORDINGLY, YOUR ESTIMATED INDIVIDUAL SETTLEMENT SHARE OF THE
NET SETTLEMENT AMOUNT IS ___________.
Your estimated pro-rata share may change depending on factors such as, but not limited to,
the number of Class Members who effectively exclude themselves from the Settlement or by
court order. The Net Settlement Amount to be distributed to all Class Members who do not
opt-out of the settlement is currently estimated to be $1,282.10.
If you feel that you were not credited with the correct number of workweeks worked during
the Class Period, you may submit evidence to the Settlement Administrator on or before
November 7, 2023 with documentation to establish the number of pay periods you claim to
have actually worked during the Class Period. DOCUMENTATION SENT TO THE
SETTLEMENT ADMINISTRATOR WILL NOT BE RETURNED OR PRESERVED; DO
NOT SEND ORIGINALS. The Parties and Settlement Administrator will promptly evaluate the
evidence submitted and discuss in good faith how many workweeks should be credited. The
Settlement Administrator will make the final decision as to how many weeks are credited and report
the outcome to the Class Participant. If you are unsatisfied with the decision, you may submit an
Objection, as discussed below.
Settlement checks will be mailed to all Class Members who do not request to be excluded (i.e., opt-
out) approximately 30 days after the Court grants final approval of the Settlement and judgment is
entered.
You can view the final approval order and final judgment and payment schedule at
www.cptgroupcaseinfo.com/CAMServicesSettlement.
If the Court approves the Settlement, the Court will enter judgment and the Settlement Agreement
will bind all members of the Settlement Class who have not opted out of the Settlement and will
bar all Class Members from bringing certain claims against Defendants as described below.
The Released Parties are Defendants Common Area Maintenance Services, Inc., dba CAM Services
Inc., (“CAM Services”), David Herrera, and all of Defendants present, past, and future parent
companies, subsidiaries, divisions, related or affiliated companies, shareholders, officers, directors,
employees, agents, representatives, attorneys, insurers, partners, investors, administrators,
members, predecessors, customers, clients, joint ventures, successors and assigns, and any
individual or entity which could be liable for any of the Released Claims.
The Released Claims are those claims alleged in the operative Complaint, including any and all
claims, liens, demands, penalties, fines, wages, liquidated damages, restitutionary amounts,
attorneys’ fees and costs, interest, controversies, liabilities or causes of action arising under state,
federal, administrative order, state or local law, and legal theories of relief alleged or otherwise
raised in the Lawsuit, including: the alleged denial of meal periods and rest breaks; the alleged
failure to pay overtime wages, the alleged failure to pay all minimum wages; the alleged failure to
pay minimum or overtime wages for all hours worked; the alleged failure to provide separate
compensation for rest breaks and meal periods; the alleged failure to provide accurate itemized
wage statements; the alleged failure to timely pay all wages due during employment; the alleged
failure to maintain records; the alleged failure to timely and fully pay all wages due upon separation
from employment; waiting time penalties, claims under the Business and Professions Code § 17200,
and penalties under the Labor Code Private Attorneys General Act of 2004, and
The Settlement does not release any person, party or entity from claims, if any, by Class Members
for workers compensation, unemployment, or disability benefits of any nature, nor does it release
any claims, actions, or causes of action which may be possessed by Settlement Class Members
under state or federal discrimination statutes, including, without limitation, the Cal. Fair
Employment and Housing Act, the Cal. Government Code § 12940, et seq.; the Unruh Civil Rights
Act, the Cal. Civil Code §51, et seq.; the California Constitution; 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.; and all of their implementing regulations and interpretive guidelines.
Class Members who do not opt out will be deemed to have acknowledged and agreed that their
claims for wages and/or penalties in the Lawsuit are disputed, and that the Settlement payments
constitute payment of all sums allegedly due to them. Class Members will be deemed to have
acknowledged and agreed that California Labor Code Section 206.5 is not applicable to the
Settlement payments. That section provides in pertinent part as follows:
THE RELEASE OF CLAIMS
“An employer shall not require the execution of a release of a claim or right on
account of wages due, or to become due, or made as an advance on wages to be
earned, unless payment of those wages has been made.”
A. Do Nothing and Receive Your Portion of the Settlement
You are automatically included as a Class Participant and will receive a settlement payment and do
not have to take any further action to receive your settlement payment. It is the responsibility of all
Class Members to ensure that the Settlement Administrator has your current address on file, or you
may not receive important information or a settlement payment. The estimated amount of your
settlement payment if you do nothing is included on the attached Share Form.
B. Opt-Out and Be Excluded from the Class and the Settlement
If you do not wish to take part in the Settlement, you may exclude yourself (i.e., opt-out) by sending
to the Settlement Administrator a “Request for Exclusion from the Class Action Settlement”
letter/card postmarked no later than November 27, 2023, with your name, address, telephone
number, and signature. The Request for Exclusion should state:
“I WISH TO BE EXCLUDED FROM THE SETTLEMENT CLASS IN THE GARCIA v. CAM
SERVICES, INC. LAWSUIT. I UNDERSTAND THAT IF I ASK TO BE EXCLUDED FROM
THE SETTLEMENT CLASS, I WILL NOT RECEIVE ANY MONEY FROM THE CLASS
SETTLEMENT OF THIS LAWSUIT AND WILL NOT BE RELEASING ANY CLAIMS I
MIGHT HAVE.”
Send the Request for Exclusion directly to the Settlement Administrator at the following address
by no later than November 27, 2023:
Garcia v. CAM Services, Inc.
c/o CPT Group
50 Corporate Park
Irvine, CA. 92606
Any person who submits a timely Request for Exclusion from the Class Action Settlement shall,
upon receipt, no longer be a Class Member, shall be barred from participating in any portion of the
Settlement, and shall receive no benefits from the Settlement. If you want confirmation of receipt
of your Opt-Out, please send it by U.S. certified mail, return receipt requested and/or contact the
Settlement Administrator.
C. Object to the Settlement
You also have the right to object to the terms of the Settlement if you do not Opt-Out. However, if
the Court rejects your objection, you will still be bound by the terms of the Settlement. If you wish
to object to the proposed Settlement, or any portion of it, you must submit to the Settlement
WHAT ARE YOUR OPTIONS?
Administrator a written objection stating your name, address, telephone number, dates of
employment with Defendants, the case name and number, each specific reason in support of your
objection, and any legal support for each objection. Objections must be in writing and must be
mailed to the Settlement Administrator, Garcia v. CAM Services, Inc, c/o 50 Corporate Park, Irvine,
CA., 92606 by no later than December 26, 2023 for your objection to be considered.
OBJECTIONS THAT DO NOT INCLUDE ALL REQUIRED INFORMATION, OR THAT
ARE NOT SUBMITTED TIMELY, MAY NOT BE CONSIDERED BY THE COURT.
If you object to the Settlement, you will remain a member of the Settlement Class, and if the Court
approves the Settlement, you will receive payment and be bound by the terms of the Settlement in
the same way as Class Members who do not object. Any member of the Settlement Class who does
not object in the manner provided above shall have waived any objection to the Settlement, whether
by appeal or otherwise.
D. Your Right to Appear at the Final Approval and Fairness Hearing Through an
Attorney or in Person
If you choose to object to the Settlement, you may also appear at the Final Approval Hearing
scheduled for January 5, 2024, at 9:00 a.m. in Department 6 of the Los Angeles County Superior
Court, located at 312 N. Spring Street, Los Angeles, CA 90012. You have the right to appear either
in person or through your own attorney at this hearing. Objections not previously filed in writing
in a timely manner as described above will not be considered by the Court. All objections or other
correspondence must state the name and number of the case, which is Garcia v. CAM Services,
Inc. et al., Case No. 20STCV19361.
If you move after receiving this Notice or if it was misaddressed, please complete the Change of
Address portion of the Share Form and mail it to the Settlement Administrator, Garcia v. CAM
Services, Inc. c/o CPT Group Inc. at 50 Corporate Park, Irvine, CA. 92606 as soon as possible.
THIS IS IMPORTANT SO THAT FUTURE NOTICES AND/OR THE SETTLEMENT
PAYMENT REACH YOU.
If the Settlement Agreement is not approved by the Court, or if any of its conditions are not satisfied,
the conditional settlement will be voided, no money will be paid, and the case will return to
litigation. If that happens, there is no assurance: (1) that the Class will be certified; (2) that any
decision at trial would be in favor of Class Members; (3) that a trial decision, if any, would be as
favorable to the Class Members as this settlement; or (4) that any favorable trial decision would be
upheld if an appeal was filed.
UPDATE FOR YOUR CHANGE OF ADDRESS
IF THE STIPULATION OF SETTLEMENT AND RELEASE OF CLASS ACTION IS NOT APPROVED
QUESTIONS OR COMMENTS?
PLEASE DO NOT CALL OR CONTACT THE COURT. If you have any questions about the
settlement, you may contact the Settlement Administrator at: Garcia v. CAM Services, Inc. c/o 50
Corporate Park, Irvine, CA. 92606 or by e-mail at classmembersquestions@CPTgroup.com. You
may also contact Class Counsel or Defense Counsel at the addresses and phone numbers listed
below.
THE ATTORNEYS REPRESENTING THE CLASS MEMBERS ARE:
Makarem & Associates, APLC
Ronald W. Makarem
Cameron A. Stewart
11601 Wilshire Boulevard, Suite 2440
Los Angeles, California 90025-1760
Telephone: 310-312-0299
THE ATTORNEYS REPRESENTING SUNRIDGE NURSERIES, INC. ARE:
Atkinson, Andelson, Loya, Ruud & Romo
Amber Healy
Lauren Gafa
12800 Center Court Drive South, Suite 300
Cerritos, CA 90703
Telephone: 562-653-3200
