Callahan & Blaine Announces $30 Million Settlement of Orange County Register Class Action

Orange County Superior Court Certifies Class of AAA Employees

Summary

Richard E. Quintilone II, Esq. of Quintilone & Associates and co-counsel from multiple firms certified a class action case of almost 3,000 non-exempt employees of the Automobile Club of Southern California after two days of argument in front of the Hon. Kim G. Dunning in the Orange County Superior Court’s Complex Civil Department on December 6, 2011. By way of Court Order dated February 6, 2012, the Court confirmed the matter could proceed as a class action and that Notice should issue to the current and former Direct Sales Agents and Insurance Agents.  If you fall into one of those two categories and have questions about the case please contact Richard E. Quintilone II, Esq. at req@quintlaw.com  or Becca Jacoby at bjj@quintlaw.com via Quintilone & Associates online or via phone 949.458.9675 or fax 949.458.9679. 

Quintilone & Associates was founded in 2002, represents employees and businesses throughout the state of California.   The firm has established itself as a leading employee trial firm in wage & hour class actions and by prevailing in difficult and complicated cases.

Background

The Automobile Club of Southern California (“Defendant”) employed Plaintiff Tinisha Felix as a Direct Sales Agent from June 2004 through June 2006 at Defendant’s Costa Mesa office.   Defendant employed Plaintiff Victor Cintron as an Insurance Agent, a non-exempt or hourly paid position, on or about June 1998 to on or about April 2007, at Defendant’s San Bernardino County, California business location. 

Plaintiffs allege that, during their employment, Defendant failed to pay overtime, in violation of California Labor Code §§ 510 and 1198; did not correctly provide meal periods or pay meal period premiums, in violation of California Labor Code §§ 226.7 and 512(a); did not allow employees to take all rest breaks or pay rest break premiums, in violation of California Labor Code § 226.7; did not timely pay all wages upon termination of employment, in violation of California Labor Code §§ 201 and 202; did not timely pay all wages during employment, in violation of California Labor Code § 204; and, failed to indemnify incurred business expenses, in violation of California Labor Code §§ 2800 and 2802.  In addition, Plaintiff alleges that this misconduct constitutes unfair business practices, in violation of California Business & Professions Code §§ 17200, et seq.

Procedural Status

Plaintiff Tinisha Felix filed her Complaint on November 29, 2007.  The case was removed on January 7, 2008, and the Complaint was amended on March 14, 2008.  An Answer to the First Amended Complaint was filed on April 3, 2008.  Shortly thereafter, a Motion to remand the action back to the Orange County Superior Court was granted on April 23, 2008.

Plaintiff Victor Cintron filed his Complaint on March 25, 2009.  Defendant filed its Answer on or about June 26, 2009.

At the August 25, 2009 Initial Status Conference, the Court was informed of Cintron v. Automobile Club of Southern California and Felix v Automobile Club of Southern California, being related actions.  The Court recommended that the parties submit a stipulation to consolidate the Cintron matter with the Felix matter for purposes of determining any motion for class certification and more efficient case management.  Counsel for Defendant filed the parties’ stipulation in late September 2009, and on December 14, 2009, the Court entered an Order consolidating the actions and deeming the Felix matter the lead case.          

Motions

Plaintiffs filed their Motion for Class Certification on May 12, 2011.  Defendants opposed and the Court held two days of hearings in November and December 2011 and ultimately certified the class on December 6, 2012 via an Order signed February 6, 2012.  As the merits phase of the litigation will start as soon as the class is notified, class members or those interested in a copy of the Order are encouraged to contact Quintilone & Associates via the web www.quintlaw.com , phone 949.458.9675 or fax 949.458.9679 or mail, 22974 El Toro Road, Suite 100, Lake Forest CA 92630.  The Court is expected to set a trial date on the matter in March 2012.

Class Notice has been ordered to go out soon via a third party claims administration company ILYM (http://www.ilymgroupclassaction.com/) or toll free at 800. Phone 888.250.6810, Fax 888.845.6185,  15331 Barranca Parkway,  Irvine, CA 92618. 

.