This case was last updated from Fresno County Superior Courts on 07/12/2022 at 11:52:52 (UTC).

Robet Munoz vs. Tarlton & Son, Inc.// CLASS ACTION

Case Summary

On 11/07/2013 Robet Munoz filed a Contract - Business lawsuit against Tarlton Son, Inc // CLASS ACTION. This case was filed in Fresno County Superior Courts, Fresno County BF Sisk Courthouse located in Fresno, California. The Judges overseeing this case are Snauffer, Mark, Ikeda, Dale, Snauffer, Mark W, McGuire, Rosemary, Hamilton, Jeffrey Y., Black, Donald, Simpson, Alan and Culver Kapetan, Kristi. The case status is Disposed - Dismissed.
Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******3503

  • Filing Date:

    11/07/2013

  • Case Status:

    Disposed - Dismissed

  • Case Type:

    Contract - Business

  • County, State:

    Fresno, California

Judge Details

Judges

Ikeda, Dale

Snauffer, Mark

Snauffer, Mark W

McGuire, Rosemary

Hamilton, Jeffrey Y.

Black, Donald

Simpson, Alan

Culver Kapetan, Kristi

 

Party Details

Plaintiffs

Munoz, Robert

Speak, William

Martinez, Gary

Haro, Victor

Defendants

Tarlton & Son, Inc.

Texture Specialties, Inc.

Attorney/Law Firm Details

Plaintiff Attorneys

ROSENFELD, DAVID A

180 Grand Ave

Oakland, CA 94612

Soto, Lisa R.

Defendant Attorney

Bowles, James A

 

Court Documents

Declaration Filed

Declaration; Comment: of Alejandro Delgado in Support of Motion for leave to file first amended complaint

Opposition to Request for Pre-Trial Discovery filed

Opposition to Request for Pre-Trial Discovery fil; Civil Document; Comment: forwarded to Dept 503

Notice Filed

Notice Filed; Comment: of Attorney Name Change from Lisl Rebecca Duncan to Lisl Rebecca Soto

Request for Pre-Trial Discovery filed

Civil Document; Comment: Forwarded to dept 501

Minute Order Attachment

Minute Order Attachment

Declaration Filed

Declaration; Comment: Declaration of Lisl R. Soto in Support of Supplemental Memorandum of Points and Authorities in Support of Preliminary Approval Volume 2 of 5

Declaration Filed

Translator Decalration; Comment: Translator Decalration

Order Received for Signature

Stipulation and Order; Comment: Joint Stipulation For Settlement Of Class Action Claims; Joint Application For Preliminary Approval

Order filed

Order filed; Comment: Request for Pre trial Discovery Conference

Order filed

02/23/2021: Order filed

Proposed Order

02/19/2021: Proposed Order

Judge's return letter or note

02/03/2021: Judge's return letter or note

Proposed Order

01/19/2021: Proposed Order

Declaration

12/23/2020: Declaration

Request

12/23/2020: Request

Minute Order Attachment

12/22/2020: Minute Order Attachment

Minute Order Attachment

10/20/2020: Minute Order Attachment

3946011_847JointStat

10/19/2020: 3946011_847JointStat

182 More Documents Available

 

Docket Entries

  • 06/08/2021
  • DocketMotion - Dismiss; Judicial Officer: McGuire, Rosemary; Hearing Time: 3:27 PM; Cancel Reason: Off Calendar; Comment: Lisl Soto

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  • 04/28/2021
  • DocketStatus Conference; Judicial Officer: McGuire, Rosemary; Hearing Time: 3:28 PM; Cancel Reason: Off Calendar

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  • 02/23/2021
  • DispositionDisposition: Judgment; Judicial Officer: McGuire, Rosemary; Judgment Type: Dismissal Order - Entire Action; Party; Names: Munoz, Robert; Speak, William; Martinez, Gary; Tarlton & Son, Inc.; Texture Specialties, Inc.; Haro, Victor

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  • 02/23/2021
  • View Court Documents
  • DocketOrder filed; Judicial Officer: McGuire, Rosemary; Comment: revised order granting request for voluntary dismisal of complaint

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  • 02/22/2021
  • DocketChambers Work- Pre; Judicial Officer: McGuire, Rosemary; Hearing Time: 5:30 PM; Result: Chambers Work - Order Submitted for Consideration

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  • 02/19/2021
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  • DocketOrder Received for Signature; Comment: PENDING REVIEW Forwarded to Dept. 502 Revised [Proposed] Order Granting Plaintiffs' Request for Voluntary Dismissal of Complaint without Prejudice and Plaintiffs' Individual Claims with Prejudice (CRC 3.770)

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  • 02/03/2021
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  • DocketJudge's return letter or note; Judicial Officer: McGuire, Rosemary; Comment: Returned: Order requesting voluntary dismissal of complaint without prejudice and plaintiff's individual claims with prejudice. Reason: The court has reviewed the Request for Voluntary Dismissal of Complaint without prejudice and plaintiff's individual claims with prejudice; and the declaration of Lisl R. Soto in support of same. The court declines to sign the proposed order granting dismissal without a provision for notice to class members. (Cal. Rules of Court, Rule 3.770 (c). The parties are directed to submit a revised proposed order for the dismissals sought that includes a provision for notice.

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  • 02/03/2021
  • DocketChambers Work- Pre; Judicial Officer: McGuire, Rosemary; Hearing Time: 5:30 PM; Result: Chambers Work - Order Submitted for Consideration

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  • 01/19/2021
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  • DocketOrder Received for Signature; Comment: ***Order not signed, see note from Court dated 2/3/2021*** [Proposed] Order Granting Request for Voluntary Dismissal

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  • 12/23/2020
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  • DocketDeclaration Filed; Comment: Declaration of Lisl R. Soto In Support of Request For Voluntary Dismissal of Complaint Without Prejudice and Plaintiffs' Individual Claim With Prejudice.

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319 More Docket Entries
  • 11/25/2013
  • DocketPOS of summons & comp personal; Comment: Proof of service of summons and complaint filed showing personal service on Blaine Steel on 11-15-13 . KS

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  • 11/07/2013
  • FinancialFinancial info for Munoz, Robert: Counter Payment Receipt # 183894 Munoz, Robert $435.00

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  • 11/07/2013
  • FinancialFinancial info for Munoz, Robert: Transaction Assessment $435.00

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  • 11/07/2013
  • FinancialFinancial: Munoz, Robert; Total Financial Assessment $2,015.00; Total Payments and Credits $2,015.00

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  • 11/07/2013
  • DocketPayment; Comment: A Payment of -$435.00 was made on receipt CVCE183894.

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  • 11/07/2013
  • DocketNotice of Case Mgnt Conf; Comment: Docket entry for the letter produced from CSAEVNT on 07-NOV-2013 by GSAUCEDA.

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  • 11/07/2013
  • DocketSummons filed; Comment: Summons on Complaint filed. gs

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  • 11/07/2013
  • DocketCivil case cover sheet; Comment: Civil Case Cover Sheet gs

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  • 11/07/2013
  • DocketZ_Conversion; Comment: gs Event: Civil complaint filed

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  • 11/07/2013
  • DocketZ_Conversion; Comment: Event: New Civil Case Filed

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Complaint Information

E-FILED

e L R L 6/30/2017 10:52:41 AM ALEJANDRO DELGADO, Bar No, 302717 F RESNO COUNTY SUPERIOR COURT WEINBERG, ROGER & ROSENFELD By: C. Cogburn, Deputy A Professional Corporation

800 Wilshire Boulevard, Suite 1320

Los Angeles, California 90017

Tel (213) 380-2344

Fax (213) 443-5098

Email: Isoto@unioncounsel.net

Email: adelgado@unioncounsel.net

Attorneys for Plaintiffs, Robert Mufoz, William Speak, Gary Martinez and Victor Haro

IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF FRESNO

ROBERT MUNOZ, WILLIAM SPEAK, GARY MARTINEZ, and VICTOR HARO on their own behalf and on behalf of all those similarly situated,

Case No. 13-CE-CG-03503

CLASS ACTION FIRST AMENDED COMPLAINT FOR UNFAIR BUSINESS PRACTICES AND VIOLATIONS OF

) ) ) ) Plaintiffs, ) ) b ; THE LABOR CODE ) ) ) ) ) )

TARLTON & SON, INC., TEXTURE SPECIALTIES, INC. and DOES 1-20, inclusive,

Defendants.

I. INTRODUCTION This is an action brought by Plaintiffs Robert Mufioz, William Speak, Gary Martinez and Victor Haro, on their own behalf and on behalf of all those similarly situated (collectively “Plaintiffs”), against joint employer Defendants Tarlton and Son, Inc. (“Tarlton”), Texture Specialties, Inc. (“Texture”) and other as yet unnamed Defendants (collectively “Defendants™), alleging unfair business practices and violations of the California Labor Code (“Labor Code™). Plaintiffs and the putative class seek restitution, equitable accounting, statutory penalties and

damages, including declaratory and injunctive relief, attorneys’ fees, and costs of suit.

First Amended Complaint for Unfair Business Practices and Violations of the Labor Code Case No. 13-CE-CG-03503

ROSENFELD

A Professional Corporation #00) Wilshare Rivd., Suse §320 Laws Angeles, CA ®0L7

ROSENFELD

A Professionat Corporation #00 Wilshire Bivd., Saite 1320 Loy Angeles, CA 4017 {213y IR-2344

8. Venue 1s proper based on the location of the performance of various contracts as

well as the location of the commission of the acts alleged herein. The work giving rise to this

complaint was performed in various counties in California including Fresno County. The relief

requested is within the jurisdiction of this Court.

IIl. FACTUAL ALLEGATIONS

0. During the four years prior to the filing of this action and continuing (“statutory

period”), Defendants employed construction workers to work at various construction projects in

Califorma including public works projects.

10. During the statutory period, in violation of California law, Defendants engaged in:

a pattern and practice of failing to pay for all hours worked (“off the clock” time) at no less than the California minimum wage rate;

a pattern and practice of failing to provide all compensation owed in a timely manner;

a pattern and practice of failing to pay overtime wages;

a pattern and practice of failing to pay prevailing wages on public works jobs, including overtime at the prevailing wage rate;

a pattern and practice of failing to annualize benefit payments on prevailing works jobs;

a pattern and practice of failing to provide meal periods and rest breaks;

a pattern and practice of failing to indemnify construction workers for all necessary expenditures or losses incurred by the construction workers in direct consequence of the discharge of their duties, or of their obedience to the directions of the Defendants, including the failure to indemnify construction workers for tools or equipment-related expenses and for travel expenses, mileage, or subsistence;

a pattern and practice of failing to provide written wage notification;

ROSENFELD

A Professional Corporation A0 Wilshue Blva, Sune 132) Los Angeles, CA 90017 1213) WNt1-2343

24. During the statutory period, as a result of its failureclock work as described above Defendants failed to pay Plaintiffs and the class for all hours worked at the appropriate wage rate as required by Labor Code § 1197 and Wage Order 16-2001.

Failure to imely pay

25. Labor Code § 204 requires employers to provide construction workers with all wages due and payable at least twice a month. TWC Wage Order 16-2001(4) provides that every employee shall pay to each employee, on the established payday for the period involved, not less than the applicable minimum wage for all hours worked in the payroll period.

26. During the statutory period, Defendants failed to provide Plaintiffs and others similarly situated with pay for all hours worked, including work that should have been compensated at overtime and/or prevailing wage rates. As a result of these policies and practices, construction workers were not paid wages that were owed twice a month.

Failure to pay overtime

27. IWC Wage Order 16-2001(3) and California Labor Code §§ 510, 1194 and 1815 provide for overtime compensation for all hours worked in excess of 8 hourshours in one work week.

28. Defendants maintain a policy and practice of requiring construction workers to work off the clock (for no pay at all), including by requiring them to go to the shop before or after the jobsite, go to a materials store, travel between shop, jobsite(s), and store, arrive at least fifteen minutes early to the jobsite and clean up after, perform work at the jobsite in excess of the scheduled shift, attend meetings or training at the shop, and work during their meal and rest breaks, all without pay. When this off the clock work extends the already scheduled workday beyond eight (8) hours in a day or forty (40) hours in a week, that time worked should be paid at an overtime rate.

29. Defendants maintain a policy and practice of telling construction workers that Defendants do not pay overtime during the regular workweek (Monday through Friday) and of not

paying overtime on work performed Monday through Friday.

ROSENFELD

A Professional Corporation 800 Wilstire Blvd, Sune 1320 105 Angelos, UA W07

1233) 3R0-2344

30. Defendants maintain a policy and practice of “banking” overtime hours. Defendants regularly credit hours worked by construction workers to days other than the day work was performed to avoid daily overtime. As a result, construction workers were not paid for hours worked in excess of eight (8) hours in one day and/or forty (40) hours in one workweek at an overtime rate.

31. When construction workers work in excess of eight (8) hours in one day and/or forty (40) hours in one workweek, construction workers are paid at the straight time rate with partial wage payments, or noneclock work caused by Defendants’ policies and practices.

32. Defendants paid construction workers at the straight time rate when they worked in excess of eight (8) hours in one day and/or forty (40) hours in one workweek, by maintaining a policy and practice of allocating some of the hours worked in the day and/or week to be paid by “Tarlton” and other hours to be paid by “Texture,” which avoided showing the correct time worked and applicable overtime wage rates on the wage statements.

33. Defendants maintain a policy and practice of altering construction workers’ timesheets to falsely show fewer overtime hours worked, or no overtime hours worked.

34. During the statutory period, Defendants maintain a policy and practice of regularly requiring Plaintiffs and the class to work in excess of eight (8) hours in one day and/or forty (40) hours in one workweek without being provided overtime at the rate of one and one-half times the regular wage rate in violation of Labor Code §§ 510, 1194 and 1815, and IWC Wage Order 16- 2001.

Failure to pay prevailing wages on public works jobs

35. During the statutory period, Plaintiffs and the class regularly worked on public works jobs as defined by Labor Code § 1720 et. seq. On those jobs, Defendants maintain a policy and practice the result of which is that Plaintiffs and the class were not:

i. Paid prevailing wages as required by Labor Code § 1720, et seq.;

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