Wafa Mwanes v. About Food, Inc. dba Redlands Ranch Market September 6, 2022
NOTICE OF CERTIFIED CLASS ACTION LAWSUIT
Wafa Mwanes v. About Food, Inc. dba Redlands Ranch Market
San Bernardino County Superior Court, Case No. CIVDS2018742
You are not being sued. This is a court-authorized notice that affects your rights. Please read it carefully.
You received this notice because you have worked at About Food, Inc. dba Redlands Ranch Market (“Redlands Ranch Market”) in California as an hourly-paid or non-exempt employee at some time between September 16, 2016 and now.
On September 16, 2020, Wafa Mwanes (“Plaintiff”), a former hourly-paid, non-exempt employee of Redlands Ranch Market brought a putative wage and hour lawsuit against Redlands Ranch Market entitled Wafa Mwanes v. About Food, Inc. dba Redlands Ranch Market, San Bernardino County Superior Court, Case No. CIVDS2018742 (the “lawsuit”), alleging that Redlands Ranch Market engaged in violations of the California Labor Code and the applicable Industrial Welfare Commission (“IWC”) Wage Orders. Redlands Ranch Market denies any claim of wrongdoing and the allegations in the lawsuit.
On May 11, 2022, Plaintiff and Redlands Ranch Market filed a Joint Stipulation asking the Court to issue an order certifying the lawsuit as a class action on behalf of broad class of individuals with respect to multiple claims. On May 31, 2022, the Court entered an order granting the Joint Stipulation in full (“Class Certification Order”). The Class Certification Order certifies a class consisting of the following (“certified class” or “Class”):
“[A]ll of [Redland Ranch Market]’s non-exempt or hourly-paid employees working in California from September 16, 2016 to final judgment.”
The Class Certification Order appointed Wafa Mwanes as representative of the Class (“Class Representative”) and appointed the following Plaintiff’s attorneys to represent the Class (“Class Counsel”):
Jean-Claude Lapuyade, Esq. | Shani O. Zakay, Esq.
| Edwin Aiwazian, Esq. |
The Court has not yet decided whether Redlands Ranch Market did anything wrong. However, your legal rights are affected, and you have a choice to make now.
WHAT ARE YOUR OPTIONS? | |
DO NOTHING | Stay in the lawsuit. Be bound by any decision by the Court in the lawsuit, whether adverse or favorable. By doing nothing, any decision by the Court in the lawsuit will become binding on you. If the Court determines that the Class is not entitled to recovery (to some extent or all together) for the Certified Class Claims, you will be bound by that decision. If the Court determines that the Class is entitled to recovery, you maintain the possibility of getting money or benefits that may come as a result of a determination of the merits of the Certified Class Claims (e.g., from trial or settlement). But, you forego any rights to sue Redlands Ranch Market on your own about the same Class Claims being pursued in the lawsuit. You may be required to participate in discovery (a process used to obtain evidence) and/or trial. |
OPT OUT, OR EXCLUDE YOURSELF, FROM THE LAWSUIT | Get out of this lawsuit. Do not be bound by any Court decision in the lawsuit, whether adverse or favorable. If you ask to be excluded and money or benefits are later awarded, you won’t receive any of it. But, you keep your rights to sue Redlands Ranch Market on your own about the same legal claims in the lawsuit during the applicable statute of limitations period, and you will not be bound by any judgment entered by the Court whether for or against the Class. |
Your options are explained in this notice. To ask to be excluded from the Class and lawsuit, you must sign the enclosed “Opt-Out Form,” and return it by mail postmarked no later than October 11, 2022.
WHY DID I GET THIS NOTICE? |
Redlands Ranch Market’s records show that you have worked for Redlands Ranch Market as an hourly-paid or non-exempt employee in California sometime between September 16, 2016 and today, and are a member of the Class. This notice explains that the Court has allowed, or “certified,” the lawsuit to proceed on a class-wide basis and the outcome of the lawsuit may affect your rights if you remain a part of the lawsuit. You have legal rights and options that you may exercise before the deadline to respond to this Notice. For class members who remain part of the lawsuit, the Court will hold a trial to decide whether the claims being made against Redlands Ranch Market, on your behalf, have any merit. The lawsuit is pending in the San Bernardino County Superior Court and is known as Wafa Mwanes v. About Food, Inc. dba Redlands Ranch Market, Case No. CIVDS2018742. |
WHAT IS THIS CASE ABOUT? |
The Class Action Complaint for Damages (“Complaint”) filed by Plaintiff on September 16, 2020, alleges that Plaintiff and the Class were not provided all wages owed, including overtime and minimum wages, and were entitled to receive meal and rest periods but experienced missed, short, late, and/or interrupted meal and rest periods, and that Redlands Ranch Market violated the Labor Code and applicable Industrial Welfare Commission Wage Orders by failing to provide meal and rest periods and failing to pay premiums for missed, short, late, and/or interrupted meal and rest periods. The Complaint also alleges that Plaintiff and the Class were entitled to accurate itemized written wage statements, but were not, and that Redlands Ranch Market violated the Labor Code by failing to provide compliant wage statements. The Complaint also alleges that Plaintiff and the Class were not timely paid wages that were owed to them, both while employed, and upon termination, and that . Plaintiff also alleges that she and the Class incurred expenses on behalf of Redlands Ranch Market which were not reimbursed. Redlands Ranch Market denies Plaintiff’s claims and maintains that it has not violated California law. Redlands Ranch Market believes that it has complied with applicable California law in all respects and denies that Plaintiff and the Class are entitled to receive any money or other relief from Redlands Ranch Market. By way of the Class Certification Order, the Court has allowed this lawsuit to proceed on a class-wide basis, on behalf of the Class, as to the following claims ( the “Certified Class Claims”):'
(1) Violations of California Labor Code §§ 510 and 1198 (Unpaid Overtime). (2) Violations of California Labor Code §§ 226.7 and 512(a) (Unpaid Meal Period Premiums) (3) Violations of California Labor Code § 226.7 (Unpaid Rest Period Premiums). (4) Violations of California Labor Code §§ 1194, 1197, and 1197.1 (Unpaid Minimum Wages) (5) Violations of California Labor Code §§ 201 and 202 (Final Wages Not Timely Paid) (6) Violations of California Labor Code § 204 (Wages Not Timely Paid During Employment) (7) Violations of California Labor Code § 226(a) (Non-Compliant Wage Statements) (8) Violations of California Labor Code § 1174(d) (Failure to Keep Requisite Payroll Records) (9) Violations of California Labor Code §§ 2800 and 2802 (Unreimbursed Business Expenses) (10) Violations of California Business & Professions Code §§ 17200, et seq. (Unfair Competition) The Court has allowed the lawsuit to proceed as a class action, on behalf of the Class, with respect to the above-listed claims . The Court has not made a decision regarding the ultimate merits of either party’s position. |
HOW DO I PARTICIPATE IN THIS CASE? |
To remain a member of the Class and participate in the lawsuit, you do not have to do anything. If Plaintiff obtains money or benefits in the lawsuit (e.g., as a result of trial or a settlement), you will be notified and the Court will order the distribution of any money or benefits recovered to you and other members of the Class. Remaining in the lawsuit does not guarantee that you will receive any money or benefits from the Lawsuit because the merits of the lawsuit have not yet been determined, and entitlement to a monetary recovery or benefits has not yet been established at this point in time. |
WHAT HAPPENS IF I EXCLUDE MYSELF FROM THIS CASE? |
If you exclude yourself from this lawsuit (i.e., opt out) – which also means to remove yourself from the Class – you will not get any money or benefits that may be recovered in the lawsuit. However, you will keep the right to sue Redlands Ranch Market in an individual capacity concerning the claims certified and pursued in the lawsuit, provided you exclude yourself in a timely manner. If you exclude yourself, you will not be legally bound by any orders or judgments the Court makes in the lawsuit. You are responsible for your own attorneys’ fees if you choose to sue Redlands Ranch Market on your own. |
HOW DO I REQUEST TO BE EXCLUDED? |
If you do NOT want to be part of the Class and lawsuit, you must sign the enclosed “Opt-Out Form,” which is included for your convenience, and send it by mail addressed to: P.O. Box 2031 Tustin, CA 92781. The Opt-Out Form must be postmarked no later than October 11, 2022. |
RETALIATION IS PROHIBITED BY CALIFORNIA LAW |
California law prohibits Redlands Ranch Market from retaliating against you for your participation in the lawsuit. Regardless of the option you choose, Redlands Ranch Market will not retaliate against you. California law prohibits any form of retaliation or harassment based upon someone’s participation in a lawsuit. If you have any questions or concerns about this, feel free to call Class Counsel at (818) 619-2080. All calls will be kept confidential. |
DO I NEED TO HIRE MY OWN LAWYER IF I JOIN THIS CASE? |
No. The Court appointed Plaintiff’s attorneys at Lawyers for Justice, PC, who brought the lawsuit, to represent the interests of the individuals who participate in this lawsuit as part of the Class. Class Counsel‘s contact information is listed above and below. If you participate in the lawsuit, you will not be required to pay attorneys’ fees or expenses to Class Counsel. Class Counsel will be paid only if a recovery is obtained in the lawsuit. If that happens, Class Counsel’s fees will either be paid by Redlands Ranch Market or will be paid from the total recovery, as a percentage of as the recovery, subject to approval by the Court. If there is no recovery in the lawsuit, there will be no attorneys’ fees paid to Class Counsel. |
WHAT IF I HAVE QUESTIONS? |
For further information about the lawsuit, feel free to contact Class Counsel or (818) 619-2080: Edwin Aiwazian, Esq. c/o ILYM Group, Inc. |
You may also access information about the lawsuit online at https://aboutfoodclassaction.com
Do not contact the Court about the lawsuit. Unless you exclude yourself, please also do not contact Redlands Ranch Market or its attorneys about the lawsuit.