2018 02-26 PLD-DEC Raul Perez (CPK)S(njxbimwjb4n3j52rqqa4md4x... · CASSANDRA MUSE, individually,...

JOINT STIPULATION OF CLASS ACTION SETTLEMENT AND RELEASE

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SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF CONTRA COSTA

CASSANDRA MUSE, individually, and on behalf of other members of the general public similarly situated, Plaintiff, vs. CALIFORNIA PIZZA KITCHEN, INC., a Delaware corporation; and DOES 1 through 10, inclusive, Defendants.

Case No.: C14-02188 JOINT STIPULATION OF CLASS ACTION SETTLEMENT AND RELEASE


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This Joint Stipulation of Class Action Settlement and Release (“Settlement” or “Settlement

Agreement”) is made and entered into by and between Plaintiff Cassandra Tribble (formerly, Cassandra

Muse) (“Plaintiff” or “Class Representative”), as an individual and on behalf of all others similarly

situated, and Defendant California Pizza Kitchen, Inc. (“Defendant” or “California Pizza Kitchen, Inc.”

or “CPK”) (collectively with Plaintiff, the “Parties”).

DEFINITIONS

The following definitions are applicable to this Settlement Agreement. Definitions contained

elsewhere in this Settlement Agreement will also be effective:

1. “Action” means the action entitled Muse v. California Pizza Kitchen, Inc., Case No.

C14-02188 (Contra Costa County Superior Court Nov. 25, 2014).

2. “Attorneys’ Fees and Costs” means attorneys’ fees agreed upon by the Parties and

approved by the Court for Class Counsel’s litigation and resolution of the Action, and all costs incurred

and to be incurred by Class Counsel in the Action, including, but not limited to, costs associated with

documenting the Settlement, providing any notices required as part of the Settlement or Court order,

securing the Court’s approval of the Settlement, administering the Settlement, obtaining entry of the

Judgment terminating the Action, and expenses for any experts. Class Counsel will request attorneys’

fees not in excess of One-Third of the Class Settlement Amount, or One Million Dollars

($1,000,000.00). The Attorneys’ Fees and Costs will also mean and include the additional

reimbursement of any costs and expenses associated with Class Counsel’s litigation and settlement of the

Action, up to Twenty-Five Thousand Dollars ($25,000.00), subject to the Court’s approval. Defendant

has agreed not to oppose Class Counsel’s request for fees and reimbursement of costs and expenses as

set forth above. Any portion of the Attorneys’ Fees and Costs not awarded to Class Counsel will be

retained by Defendant.

3. “Claim Form” means the document substantially in the form attached as Exhibit B,

which Class Members can submit online via the case interactive website, or by postmarking or faxing

completed paper Claim Forms to the Claims Administrator on or before the Response Deadline.

4. “Claims Administrator” means Simpluris, Inc., or any other third-party class action


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settlement claims administrator agreed to by the Parties and approved by the Court for the purposes of

administering this settlement. The Parties each represent that they do not have any financial interest in

the Claims Administrator or otherwise have a relationship with the Claims Administrator that could

create a conflict of interest.

5. “Claims Administration Costs” means the costs payable from the Class Settlement

Amount to the Claims Administrator for administering this Settlement, including, but not limited to,

printing, distributing, and tracking documents for this Settlement, developing an interactive case website

for the online submission of Claim Forms, calculating estimated amounts per Class Member, tax

reporting, distributing the Class Settlement Amount, and providing necessary reports and declarations,

and other duties and responsibilities set forth herein to process this Settlement, and as requested by the

Parties. The Claims Administration Costs will be paid from the Class Settlement Amount up to the

amount represented (and ultimately billed) by the Claims Administrator as being the maximum costs

necessary to administer the settlement. The Claims Administration Costs are currently estimated to be

One Hundred Thousand Dollars ($100,000.00).

6. “Class Counsel” means Capstone Law APC and the Law Office of Mark Yablonovich.

Class Counsel will apportion Court-awarded Attorneys’ Fees and Costs in proportion to their respective

lodestars.

7. “Class List” means a complete list of all Class Members that Defendant will diligently

and in good faith compile from its records and provide to the Claims Administrator and to Class Counsel

within fourteen (14) calendar days after Preliminary Approval of this Settlement. The Class List will be

formatted in a readable Microsoft Office Excel spreadsheet and will include each Class Member’s full

name; most recent mailing address and telephone number; Social Security number; dates of

employment; and number of days employed in hourly positions in California.

8. “Class Member(s)” or “Settlement Class” means all persons who were employed by

Defendant in hourly positions in the State of California at any time during the period from November 25,

2010 through Preliminary Approval. The Settlement Class shall not exceed Twenty-Seven Thousand

Five Hundred (27,500) members (in order of hire date).

9. “Class Period” means the period from November 25, 2010 through Preliminary


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Approval.

10. “Class Representative Enhancement Payment” means the amounts to be paid to Plaintiff

in recognition of her effort and work in prosecuting the Action on behalf of Class Members, and for her

general release of claims. Subject to the Court granting final approval of this Settlement Agreement and

subject to the exhaustion of any and all appeals, Plaintiff will request Court approval of a Class

Representative Enhancement Payment of Ten Thousand Dollars ($10,000.00). Any portion of the Class

Representative Enhancement Payment not awarded to Plaintiff will be retained by Defendant.

11. “Class Settlement Amount” means the maximum settlement amount of Three Million

Dollars ($3,000,000.00) to be paid by Defendant in full satisfaction of all claims arising from the Action,

which includes all Attorneys’ Fees and Costs, Claims Administration Costs, the Class Representative

Enhancement Payment, Individual Settlement Payments, the Labor and Workforce Development

Agency Payment, and any employer payroll taxes required by law, including the employer FICA,

FUTA, and SDI contributions.

12. “Court” means the Superior Court of the State of California for the County of Contra

Costa or any other court taking jurisdiction of the Action.

13. “Defendant” means Defendant California Pizza Kitchen, Inc.

14. “Effective Date” means the later of: the Court’s approval of the filing of the Second

Amended Complaint as set forth in Section 31 below, and (a) if any timely objections or motions to

intervene are filed and not subsequently withdrawn, the sixtieth (60th) calendar day after the Court enters

an order granting Final Approval of the Joint Stipulation of Class Action Settlement and Release; (b) if

any timely appeals are filed, the resolution (or withdrawal) of any such appeal in a way that does not alter

the terms of the Settlement; or (c) if no timely objections or motions to intervene are filed, or are

withdrawn, the date upon which the Court enters an order granting Final Approval of the Joint

Stipulation of Class Action Settlement and Release.

15. “Final Approval” means the date on which the Court enters an order granting final

approval of the Settlement Agreement.

16. “Individual Settlement Payment” means each Class Member’s share of the Net

Settlement Amount, to be distributed to the Class Members who timely submit valid Claim Forms.


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17. “Labor and Workforce Development Agency Payment” means the amount that the

Parties have agreed to pay to the California Labor and Workforce Development Agency (“LWDA”) in

connection with the Labor Code Private Attorneys General Act of 2004 (Cal. Lab. Code §§ 2698, et seq.,

“PAGA”). The Parties have agreed that Twenty Thousand Dollars ($20,000.00) of the Class Settlement

Amount will be allocated to the resolution of any Class Members’ claims arising under PAGA. Pursuant

to PAGA, Seventy-Five Percent (75%), or Fifteen Thousand Dollars ($15,000.00), of the PAGA

Settlement Amount will be paid to the LWDA, and Twenty-Five Percent (25%), or Five Thousand

Dollars ($5,000.00), of the PAGA Settlement Amount will be included in the Net Settlement Amount.

18. “Net Settlement Amount” means the portion of the Class Settlement Amount remaining

after deduction of the approved Attorneys’ Fees and Costs, Claims Administration Costs, Class

Representative Enhancement Payment, Labor and Workforce Development Agency Payment, and any

employer payroll taxes required by law (collectively “Fixed Costs”). The Net Settlement Amount will

be distributed to Participating Class Members. Plaintiff and Defendant agree that the amount actually

distributed to the Participating Class Members will equal at least Fifty-Five Percent (55%) of the Net

Settlement Amount. If the total Individual Settlement Payments would equal less than Fifty-Five

Percent (55%) of the Net Settlement Amount, the Claims Administrator will proportionately increase the

Individual Settlement Payment for each Participating Class Member to ensure that the total Individual

Settlement Payments equals Fifty-Five Percent (55%) of the Net Settlement Amount. Any unclaimed

amounts above Fifty-Five Percent (55%) of the Net Settlement Amount will be and remain the exclusive

property of Defendant.

19. “Notice of Objection” means a Class Member’s valid and timely written objection to the

Settlement Agreement. For the Notice of Objection to be valid, it must include: (a) the objector’s full

name, signature, address, and telephone number; (b) a written statement of all grounds for the objection

accompanied by any legal support for such objection; and (c) copies of any papers, briefs, or other

documents upon which the objection is based.

20. “Notice Packet” means the Notice of Class Action Settlement and Claim Form,

substantially in the forms attached as Exhibits A and B.

21. “Parties” means Plaintiff and Defendant collectively.


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22. “Participating Class Members” means all Class Members who timely submit valid

Claim Forms and who do not submit valid and timely Requests for Exclusion.

23. “Plaintiff” means Plaintiff Cassandra Tribble.

24. “Preliminary Approval” means the date on which the Court enters an order granting

preliminary approval of the Settlement Agreement.

25. “Released Claims” means all wage and hour claims, rights, demands, liabilities and

causes of action of every nature and description, whether known or unknown, arising from or related to

the claims litigated in the Action or that could have been asserted based on the facts alleged in the Action

against Defendant during the Class Period, including without limitation statutory, constitutional,

contractual or common law claims for wages, damages, unpaid costs, penalties, liquidated damages,

punitive damages, interest, attorneys’ fees, restitution, equitable relief, or any other relief, including

claims based on the following categories of allegations during the Class Period: (a) all claims for unpaid

overtime; (b) all claims for meal and rest period violations; (c) all claims for unpaid minimum wages; (d)

all claims for the failure to timely pay wages upon termination; (e) all claims for the failure to timely pay

wages during employment; (f) all claims for wage statement violations; (g) all claims based on California

Labor Code section 201, 202, 204, 210, 226, 226.7, 512, and/or 558, (h) all claims asserted through

California Labor Code section 2699 et seq. (the Private Attorneys General Act of 2004 (“PAGA”))

arising out of the aforementioned claims; and (i) all claims asserted through California Business &

Professions Code section 17200 et seq. arising out of the aforementioned claims.

26. “Released Parties” means Defendant and any of its former and present parents,

subsidiaries, affiliated corporations and entities, clients, and vendors and independent contractors through

which Defendant conducts business, and each of their respective current, former and future officers,

directors, members, managers, employees, consultants, vendors, clients, partners, shareholders, joint

venturers and third-party agents, and any successors, assigns, or legal representatives.

27. “Request for Exclusion” means a timely letter submitted by a Class Member indicating a

request to be excluded from the settlement. The Request for Exclusion must: (a) be signed by the Class

Member; (b) contain the name, address, telephone number and the last four digits of the Social Security

Number of the Class Member requesting exclusion; (c) clearly state that the Class Member does not


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wish to be included in the settlement; (d) be returned by fax or mail to the Claims Administrator at the

specified address and/or facsimile number; and (e) be faxed or postmarked on or before the Response

Deadline. The date of the fax or postmark on the return mailing envelope will be the exclusive means to

determine whether a Request for Exclusion has been timely submitted. A Class Member who does not

request exclusion from the settlement will be deemed a Class Member and will be bound by all terms of

the Settlement Agreement if the settlement is granted final approval by the Court.

28. “Response Deadline” means the deadline by which Class Members must postmark or

fax to the Claims Administrator valid Claim Forms, Requests for Exclusion, or postmark Notices of

Objection to the Settlement. The Response Deadline will be sixty (60) calendar days from the initial

mailing of the Notice Packet by the Claims Administrator, unless the sixtieth (60th) calendar day falls on

a Sunday or Federal holiday, in which case the Response Deadline will be extended to the next day on

which the U.S. Postal Service is open. The Response Deadline for Claim Forms or Requests for

Exclusion will be extended fifteen (15) calendar days for any Class Member who is re-mailed a Notice

Packet by the Claims Administrator, unless the fifteenth (15th) calendar day falls on a Sunday or Federal

holiday, in which case the Response Deadline will be extended to the next day on which the U.S. Postal

Service is open. The Response Deadline may also be extended by express agreement between Class

Counsel and Defendant. Under no circumstances, however, will the Claims Administrator have the

authority to unilaterally extend the deadline for Class Members to submit a Claim Form, Request for

Exclusion, or objection to the settlement.

29. “Workweeks” means the number of weeks of employment for each Class Member as a

hourly CPK employee at any time from November 25, 2010 through Preliminary Approval. The Claims

Administrator will determine the number of Workweeks by dividing the number of days each Class

Member was employed as an hourly CPK employee at any time from November 25, 2010 through

Preliminary Approval by seven (7), and rounding up to the nearest whole number.

30. “Workweek Value” means the value of each compensable Workweek, as determined by

the formula set forth herein.

TERMS OF AGREEMENT

Plaintiff, on behalf of herself and the Settlement Class, and Defendant, agree as follows:


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31. Second Amended Complaint. Upon execution of this Settlement Agreement, Plaintiff

will file a Second Amended Complaint (“SAC”) in this Action to conform the pleadings with the scope

and definitions of the Settlement Class and Released Claims. The SAC will be deemed the operative

Complaint for purposes of defining the scope of the Settlement Class and Released Claims and for all

other purposes herein. In the event that: (i) the Court does not finally approve the Settlement as provided

herein; or (ii) the Settlement does not become final for any other reason, Plaintiff agrees to dismiss the

SAC without prejudicing her right to later file any other complaints or to amend the Complaint.

32. Funding of the Class Settlement Amount. Within fourteen (14) calendar days after the

Effective Date of the Settlement, Defendant will make a one-time deposit in a sum equal to all Court-

approved Fixed Costs and Individual Settlement Payments into a Qualified Settlement Account (“QSF”)

to be established by the Claims Administrator. Within seven (7) calendar days of the funding of the

Settlement, the Claims Administrator will issue payments to: (a) Participating Class Members; (b) the

Labor and Workforce Development Agency; (c) Plaintiff; and (d) Class Counsel. The Claims

Administrator will also issue a payment to itself for Court-approved services performed in connection

with the settlement.

33. Attorneys’ Fees and Costs. Defendant agrees not to oppose or impede any application

or motion by Class Counsel for attorneys’ fees of not more than One Million Dollars ($1,000,000.00),

plus the reimbursement of costs and expenses associated with Class Counsel’s litigation and settlement

of the Action, not to exceed Twenty-Five Thousand Dollars ($25,000.00), both of which will be paid

from the Class Settlement Amount.

34. Class Representative Enhancement Payment. In exchange for a general release, and in

recognition of her effort and work in prosecuting the Action on behalf of Class Members, Defendant

agrees not to oppose or impede any application or motion for Class Representative Enhancement

Payment of Ten Thousand Dollars ($10,000.00) to Plaintiff for her service on behalf of the Settlement

Class. The Class Representative Enhancement Payment will be paid from the Class Settlement Amount

and will be in addition to Plaintiff’s individual settlement payment paid pursuant to the Settlement.

Plaintiff will not be required to submit a Claim Form to receive her individual settlement payment.

Plaintiff will be solely and legally responsible to pay any and all applicable taxes on the payments made


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pursuant to this paragraph and will indemnify and hold Defendant harmless from any claim or liability

for taxes, penalties, or interest arising as a result of the payments.

35. Claims Administration Costs. The Claims Administrator will be paid for the reasonable

costs of administration of the Settlement and distribution of payments from the Class Settlement

Amount, which are currently estimated to be One Hundred Thousand Dollars ($100,000.00). These

costs, which will be paid from the Class Settlement Amount, will include, inter alia, the required tax

reporting on the Individual Settlement Payments, the issuing of 1099 and W-2 IRS Forms, distributing

the Notice Packet, developing an interactive case website for the online submission of Claim Forms,

calculating and distributing the Class Settlement Amount, and providing necessary reports and

declarations.

36. Labor and Workforce Development Agency Payment. Subject to Court approval, the

Parties agree that the amount of Twenty Thousand Dollars ($20,000.00) from the Class Settlement

Amount will be designated for satisfaction of Plaintiff’s and Class Members’ PAGA claims. Pursuant to

PAGA, Seventy-Five Percent (75%), or Fifteen Thousand Dollars ($15,000.00), of this sum will be paid

to the LWDA and Twenty-Five Percent (25%), or Five Thousand Dollars ($5,000.00), will become part

of the Net Settlement Amount.

37. Net Settlement Amount. The Net Settlement Amount will be used to satisfy Individual

Settlement Payments to Participating Class Members from the Settlement Class in accordance with the

terms of this Settlement. If the total claimed Individual Settlement Payments would equal less than

Fifty-Five Percent (55%) of the Net Settlement Amount, the Claims Administrator will proportionately

increase the Individual Settlement Payment for each Participating Class Member so that the amount

actually distributed to Participating Class Members equals at least Fifty-Five Percent (55%) of the Net

Settlement Amount.

38. Individual Settlement Payment Calculations. Individual Settlement Payments will be

calculated and apportioned from the Net Settlement Amount based on the number of Workweeks a Class

Member worked during the Class Period. Specific calculations of Individual Settlement Payments will

be made as follows:

38(a) The Claims Administrator will calculate the total number of Workweeks


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worked by each Class Member (“Individual Workweeks”) and the total

number of Workweeks worked by all Class Members (“Class Workweeks)

during the Class Period.

38(b) To determine each Class Member’s Individual Settlement Payment, the

Claims Administrator will use the following formula: Individual

Settlement Payment = (Individual Workweeks ÷ Class Workweeks) × Net

Settlement Amount.

38(c) If the total Individual Settlement Payments actually claimed by Participating

Class Members equals less than Fifty-Five Percent (55%) of the Net

Settlement Amount, the Individual Settlement Payments will

proportionately increase for each Participating Class Member submitting a

Claim Form such that the total Individual Settlement Payments equal not

less than Fifty-Five Percent (55%) of the Net Settlement Amount.

38(d) The Individual Settlement Payment will be reduced by any required

deductions for each Participating Class Members as set forth herein,

including required withholdings or deductions.

39. No Credit Toward Benefit Plans. The Individual Settlement Payments made to

Participating Class Members under this Settlement, as well as any other payments made pursuant to this

Settlement, will not be utilized to calculate any additional benefits under any benefit plans to which any

Class Members may be eligible, including, but not limited to profit-sharing plans, bonus plans, 401(k)

plans, stock purchase plans, vacation plans, sick leave plans, PTO plans, and any other benefit plan.

Rather, it is the Parties’ intention that this Settlement Agreement will not affect any rights, contributions,

or amounts to which any Class Members may be entitled under any benefit plans.

40. Claims Administration Process. The Parties agree to cooperate in the administration of

the Settlement and to make all reasonable efforts to control and minimize the costs and expenses

incurred in administration of the Settlement.

41. Delivery of the Class List. Within fourteen (14) calendar days of Preliminary Approval,

Defendant will provide the Class List to the Claims Administrator and to Class Counsel.


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42. Notice by First-Class U.S. Mail. Within ten (10) calendar days after receiving the Class

List from Defendant, the Claims Administrator will mail a Notice Packet to all Class Members via

regular First-Class U.S. Mail, using the most current, known mailing addresses identified in the Class

List.

43. Confirmation of Contact Information in the Class List. Prior to mailing, the Claims

Administrator will perform a search based on the National Change of Address Database for information

to update and correct for any known or identifiable address changes. Any Notice Packets returned to the

Claims Administrator as non-deliverable on or before the Response Deadline will be sent promptly via

regular First-Class U.S. Mail to the forwarding address affixed thereto and the Claims Administrator will

indicate the date of such re-mailing on the Notice Packet. If no forwarding address is provided, the

Claims Administrator will promptly attempt to determine the correct address using a skip-trace, or other

search using the name, address and/or Social Security number of the Class Member involved, and will

then perform a single re-mailing. Those Class Members who receive a re-mailed Notice Packet, whether

by skip-trace or by request, will have between the later of (a) an additional fifteen (15) calendar days, or

(b) the Response Deadline to postmark a Claim Form, Request for Exclusion, or an objection to the

Settlement.

44. Notice Packets. All Class Members will be mailed a Notice Packet. Each Notice Packet

will provide: (a) information regarding the nature of the Action; (b) a summary of the Settlement’s

principal terms; (c) the Settlement Class definition; (d) the total number of Workweeks each respective

Class Member worked for Defendant during the Class Period; (e) each Class Member’s estimated

Individual Settlement Payment and the formula for calculating Individual Settlement Payments; (f) the

dates which comprise the Class Period; (g) instructions on how to submit valid Claim Forms, Requests

for Exclusion, or Notices of Objection; (h) the deadlines by which the Class Member must postmark or

fax Claim Forms or Requests for Exclusions, or postmark Notices of Objection to the Settlement; (i) the

claims to be released, as set forth herein; and (j) the date for the final approval hearing.

45. Disputed Information on Notice Packets. Class Members will have an opportunity to

dispute the information provided in their Notice Packets. To the extent Class Members dispute the

number of Workweeks to which they have been credited or the amount of their Individual Settlement


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Payment, Class Members may produce evidence to the Claims Administrator showing that such

information is inaccurate. Absent evidence rebutting Defendant’s records, Defendant’s records will be

presumed determinative. However, if a Class Member produces evidence to the contrary, the Claims

Administrator will evaluate the evidence submitted by the Class Member and will make the final

decision as to the number of eligible Workweeks that should be applied and/or the Individual Settlement

Payment to which the Class Member may be entitled. All such disputes are to be resolved not later than

fourteen (14) calendar days after the Response Deadline.

46. Claim Form Procedures (Plaintiff’s Exception). To receive Individual Settlement

Payments, all Class Members will be required to submit a timely Claim Form by the Response Deadline.

However, Plaintiff is not required to submit Claim Forms to receive her Individual Settlement Payment.

All Claim Forms must be submitted online via the case interactive website, or signed and returned to the

Claims Administrator via fax or first class mail (in which case the date of the postmark or fax on the

return mailing envelope will be the exclusive means to determine whether a Claim Form was timely

submitted), on or before the Response Deadline. However, it is not the intention of the Parties to exclude

Class Members from participating in the Settlement for technical reasons that do not interfere with the

orderly administration of the Settlement. Therefore, the Claims Administrator will compile a list of

claims rejected for (1) failure to cure an unsigned Claim Form, or (2) late submission of the Claim Form.

As to the Class Members on that rejected claims list, any Class Member who requests, in a signed letter,

the ability to participate in the Settlement will be included as a Participating Class Member so long as

that written request is received by the Effective Date.

47. Defective Submissions. If a Class Member’s Claim Form or Request for Exclusion is

defective as to the requirements listed herein, that Class Member will be given an opportunity to cure the

defect(s). The Claims Administrator will mail the Class Member a cure letter within three (3) business

days of receiving the defective submission to advise the Class Member that his or her submission is

defective and that the defect must be cured to render the Claim Form or Request for Exclusion valid.

The Class Member will have until the later of (a) the Response Deadline, or (b) fifteen (15) calendar

days from the date of the cure letter, whichever date is later, to postmark or fax a revised Claim Form or

Request for Exclusion. If a Class Member responds to a Cure Letter by filing a defective claim, then the


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Claims Administrator will have no further obligation to give notice of a need to cure. If the revised

Claim Form is not postmarked or received by fax within that period, it will be deemed untimely.

48. Request for Exclusion Procedures. Any Class Member wishing to opt-out from the

Settlement Agreement must sign and postmark or fax a written Request for Exclusion to the Claims

Administrator within the Response Deadline. The date of the postmark on the return mailing envelope

or fax receipt confirmation will be the exclusive means to determine whether a Request for Exclusion

has been timely submitted. All Requests for Exclusion will be submitted to the Claims Administrator,

who will certify jointly to Class Counsel and Defendant’s Counsel the Requests for Exclusion that were

timely submitted.

49. Settlement Terms Bind All Class Members Who Do Not Opt-Out. Any Class Member

who does not affirmatively opt-out of the Settlement Agreement by submitting a timely and valid

Request for Exclusion will be bound by all of its terms, including those pertaining to the Released

Claims, as well as any Judgment that may be entered by the Court if it grants final approval to the

Settlement.

50. Objection Procedures. To object to the Settlement Agreement, a Class Member must

postmark a valid Notice of Objection to the Claims Administrator on or before the Response Deadline.

The Notice of Objection must be signed by the Class Member and contain all information required by

this Settlement Agreement. The postmark date will be deemed the exclusive means for determining that

the Notice of Objection is timely. Class Members who fail to object in the specific and technical manner

specified above will be deemed to have waived all objections to the Settlement and will be foreclosed

from making any objections and seeking any adjudication or review, whether by appeal or otherwise, to

the Settlement Agreement. Class Members who postmark timely Notices of Objection will have a right

to appear at the Final Approval Hearing in order to have their objections heard by the Court. At no time

will any of the Parties or their counsel seek to solicit or otherwise encourage Class Members to submit

written objections to the Settlement Agreement or appeal from the Order and Judgment. Class Counsel

will not represent any Class Members with respect to any such objections to this Settlement.

51. Reminders. Not earlier than twenty (20) calendar days or later than thirty (30) calendar

days after the initial mailing, the Claims Administrator will send a Reminder Postcard to all Class


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Members who have not returned a Claim Form or a Request for Exclusion. All Reminder Postcards will

include the Response Deadline, and the contact information for the Claims Administrator.

52. Certification Reports Regarding Individual Settlement Payment Calculations. The

Claims Administrator will provide Defendant’s counsel and Class Counsel a weekly report which

certifies: (a) the number of Participating Class Members from the Settlement Class who have submitted

valid Claim Forms; (b) the number of Class Members who have submitted valid Requests for Exclusion;

(c) the Net Settlement Amount claimed by Participating Class Members; and (d) whether any Class

Member has submitted a challenge to any information contained in their Claim Form or Notice Packet.

Additionally, the Claims Administrator will provide to counsel for both Parties any updated reports

regarding the administration of the Settlement Agreement as needed or requested.

53. Uncashed Settlement Checks. Any checks issued by the Claims Administrator to

Participating Class Members will be negotiable for at least one hundred twenty (120) calendar days.

Those funds represented by settlement checks returned as undeliverable and those settlement checks

remaining uncashed for more than one hundred twenty (120) calendar days after issuance will be

distributed according to California Code of Civil Procedure section 384.

54. Certification of Completion. Upon completion of administration of the Settlement, the

Claims Administrator will provide a written declaration under oath to certify such completion to the

Court and counsel for all Parties.

55. Tax Treatment of Individual Settlement Payments. All Individual Settlement Payments

will be allocated as follows: one-third (1/3) will be allocated as wages; one-third (1/3) will be allocated

as interest; and one-third (1/3) will be allocated as penalties. The portion allocated to wages will be

reported on an IRS Form W-2; the remaining portions will be reported on an IRS Form-1099 by the

Claims Administrator.

56. Administration of Taxes by the Claims Administrator. The Claims Administrator will

be responsible for issuing to Plaintiff, Participating Class Members, and Class Counsel any W-2, 1099,

or other tax forms as may be required by law for all amounts paid pursuant to this Settlement. The

Claims Administrator will also be responsible for forwarding all payroll taxes and penalties to the

appropriate government authorities.


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57. Tax Liability. Defendant makes no representation as to the tax treatment or legal effect

of the payments called for hereunder, and Plaintiff and Participating Class Members are not relying on

any statement, representation, or calculation by Defendant or by the Claims Administrator in this regard.

Plaintiff and Participating Class Members understand and agree that except for Defendant’s payment of

the employer’s portion of any payroll taxes, they will be solely responsible for the payment of any taxes

and penalties assessed on the payments described herein.

58. Circular 230 Disclaimer. EACH PARTY TO THIS AGREEMENT (FOR PURPOSES

OF THIS SECTION, THE “ACKNOWLEDGING PARTY” AND EACH PARTY TO THIS

AGREEMENT OTHER THAN THE ACKNOWLEDGING PARTY, AN “OTHER PARTY”)

ACKNOWLEDGES AND AGREES THAT (1) NO PROVISION OF THIS AGREEMENT, AND

NO WRITTEN COMMUNICATION OR DISCLOSURE BETWEEN OR AMONG THE PARTIES

OR THEIR ATTORNEYS AND OTHER ADVISERS, IS OR WAS INTENDED TO BE, NOR

WILL ANY SUCH COMMUNICATION OR DISCLOSURE CONSTITUTE OR BE CONSTRUED

OR BE RELIED UPON AS, TAX ADVICE WITHIN THE MEANING OF UNITED STATES

TREASURY DEPARTMENT CIRCULAR 230 (31 CFR PART 10, AS AMENDED); (2) THE

ACKNOWLEDGING PARTY (A) HAS RELIED EXCLUSIVELY UPON HIS, HER OR ITS OWN,

INDEPENDENT LEGAL AND TAX COUNSEL FOR ADVICE (INCLUDING TAX ADVICE) IN

CONNECTION WITH THIS AGREEMENT, (B) HAS NOT ENTERED INTO THIS AGREEMENT

BASED UPON THE RECOMMENDATION OF ANY OTHER PARTY OR ANY ATTORNEY OR

ADVISOR TO ANY OTHER PARTY, AND (C) IS NOT ENTITLED TO RELY UPON ANY

COMMUNICATION OR DISCLOSURE BY ANY ATTORNEY OR ADVISER TO ANY OTHER

PARTY TO AVOID ANY TAX PENALTY THAT MAY BE IMPOSED ON THE

ACKNOWLEDGING PARTY; AND (3) NO ATTORNEY OR ADVISER TO ANY OTHER

PARTY HAS IMPOSED ANY LIMITATION THAT PROTECTS THE CONFIDENTIALITY OF

ANY SUCH ATTORNEY’S OR ADVISER’S TAX STRATEGIES (REGARDLESS OF WHETHER

SUCH LIMITATION IS LEGALLY BINDING) UPON DISCLOSURE BY THE

ACKNOWLEDGING PARTY OF THE TAX TREATMENT OR TAX STRUCTURE OF ANY

TRANSACTION, INCLUDING ANY TRANSACTION CONTEMPLATED BY THIS


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AGREEMENT.

59. No Prior Assignments. The Parties and their counsel represent, covenant, and warrant

that they have not directly or indirectly assigned, transferred, encumbered, or purported to assign,

transfer, or encumber to any person or entity any portion of any liability, claim, demand, action, cause of

action or right herein released and discharged.

60. Release by Class Members Who Do Not Opt Out. Upon the Effective Date, all Class

Members who do not timely opt out (“Releasors”) will release and forever discharge the Released Parties

of and from any and all Released Claims. Releasors, on behalf of themselves, their heirs, spouses,

executors, administrators, attorneys, agents, assigns and any entities or businesses in which any of them

have a controlling ownership interest, further generally release any and all claims of any nature, known

or unknown, contingent or accrued, against the Released Parties arising out of or relating to the Released

Claims, and waive and relinquish any and all rights and benefits that they may have under California

Civil Code section 1542, which provides:

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR

DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF

EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE

MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.

Releasors shall be enjoined from filing any claims with the California Department of Labor Standards

Enforcement or initiating any other proceedings regarding the Released Claims.

61. Release of Additional Claims & Rights by Plaintiff. Upon the Effective Date, and as a

condition of receiving any portion of their Class Representative Enhancement Payment, Plaintiff will

agree to the additional following General Release: In consideration of Defendant’s promises and

agreements as set forth herein, Plaintiff hereby fully releases the Released Parties from any and all

Released Claims and also generally releases and discharge the Released Parties from any and all claims,

demands, obligations, causes of action, rights, or liabilities of any kind which have been or could have

been asserted against the Released Parties arising out of or relating to Plaintiff’s employment by

Defendant or termination thereof, including but not limited to claims for wages, restitution, penalties,

retaliation, defamation, discrimination, harassment or wrongful termination of employment. This


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release specifically includes any and all claims, demands, obligations and/or causes of action for

damages, restitution, penalties, interest, and attorneys’ fees and costs (except provided by the Settlement

Agreement) relating to or in any way connected with the matters referred to herein, whether or not

known or suspected to exist, and whether or not specifically or particularly described herein.

Specifically, Plaintiff waives all rights and benefits afforded by California Civil Code Section 1542,

which provides:

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR

DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF

EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE

MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.

62.

63. Nullification of Settlement Agreement. In the event that (a) the Court does not finally

approve the Settlement as provided herein, or (b) the Settlement does not become final based on

nullification by CPK or for any other reason, then this Settlement Agreement, and any documents

generated to bring it into effect, will be null and void, and all amounts deposited into the QSF will be

returned to Defendant. Any order or judgment entered by the Court in furtherance of this Settlement

Agreement will likewise be treated as void from the beginning. CPK shall retain the right, in the

exercise of its sole discretion, to nullify any settlement within ten (10) days of receiving notice that 1% or

more individual Class Members opted out of this settlement. If CPK nullifies the settlement, then CPK

will be solely responsible for all Claims Administration Costs incurred to the date of nullification.

64. Preliminary Approval Hearing. Plaintiff will obtain a hearing before the Court to

request Preliminary Approval of the Settlement Agreement, and the entry of a Preliminary Approval

Order for: (a) conditional certification of the Settlement Class for settlement purposes only; (b)

Preliminary Approval of the proposed Settlement Agreement; and (c) setting a date for a Final

Approval/Settlement Fairness Hearing. The Preliminary Approval Order will provide for the Notice

Packet to be sent to all Class Members as specified herein. In conjunction with the Preliminary

Approval hearing, Plaintiff will submit this Settlement Agreement, which sets forth the terms of this

Settlement, and will include the proposed Notice Packet; i.e., the proposed Notice of Class Action


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Settlement document and Claim Form, attached as Exhibits A, B, and C, respectively. Class Counsel

will be responsible for drafting all documents necessary to obtain preliminary approval.

65. Final Settlement Approval Hearing and Entry of Judgment. Upon expiration of the

deadlines to postmark Claim Forms, Requests for Exclusion, or objections to the Settlement Agreement,

and with the Court’s permission, a Final Approval/Settlement Fairness Hearing will be conducted to

determine the Final Approval of the Settlement Agreement along with the amounts properly payable for:

(a) Attorneys’ Fees and Costs; (b) Claims Administration Costs; (c) Class Representative Enhancement

Payment; (d) Individual Settlement Payments; and (e) the Labor and Workforce Development Agency

Payment. The Final Approval/Settlement Fairness Hearing will not be held earlier than thirty (30)

calendar days after the Response Deadline. Class Counsel will be responsible for drafting all documents

necessary to obtain final approval. Class Counsel will also be responsible for drafting the attorneys’ fees

and costs application to be heard at the final approval hearing.

66. Judgment and Continued Jurisdiction. Upon final approval of the Settlement by the

Court or after the Final Approval/Settlement Fairness Hearing, the Parties will present the Judgment to

the Court for its approval. After entry of the Judgment, the Court will have continuing jurisdiction solely

for purposes of addressing: (a) the interpretation and enforcement of the terms of the Settlement; (b)

Settlement administration matters; and (c) such post-Judgment matters as may be appropriate under court

rules or as set forth in this Settlement.

67. Exhibits Incorporated by Reference. The terms of this Settlement include the terms set

forth in any attached Exhibits, which are incorporated by this reference as though fully set forth herein.

Any Exhibits to this Settlement are an integral part of the Settlement.

68. Communications. The Parties and their counsel agree that they will not issue any press

releases, initiate any contact with the press, respond to any press inquiry, or have any communication

with the press about the fact, amount or terms of the Settlement. Class Counsel will not communicate

with other wage-hour Plaintiff’s attorneys about this settlement, nor utilize it in any way in their

marketing or advertising materials or website. Notwithstanding the above, Class Counsel may

communicate with Class Members for purposes of the Settlement, and may refer to the settlement in

adequacy of counsel declarations, Class Counsel will meet and confer with counsel for CPK in advance


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of any proposed mass communications with Class Members. Nothing herein shall prohibit any of the

parties from disclosing information relating to the Settlement as required by law.

69. Entire Agreement. This Settlement Agreement and any attached Exhibits constitute the

entirety of the Parties’ settlement terms. No other prior or contemporaneous written or oral agreements

may be deemed binding on the Parties.

70. Amendment or Modification. This Settlement Agreement may be amended or modified

only by a written instrument signed by counsel for all Parties or their successors-in-interest.

71. Authorization to Enter Into Settlement Agreement. Counsel for all Parties warrant and

represent they are expressly authorized by the Parties whom they represent to negotiate this Settlement

Agreement and to take all appropriate action required or permitted to be taken by such Parties pursuant

to this Settlement Agreement to effectuate its terms and to execute any other documents required to

effectuate the terms of this Settlement Agreement. The Parties and their counsel will cooperate with

each other and use their best efforts to effect the implementation of the Settlement. If the Parties are

unable to reach agreement on the form or content of any document needed to implement the Settlement,

or on any supplemental provisions that may become necessary to effectuate the terms of this Settlement,

the Parties may seek the assistance of the Court to resolve such disagreement.

72. Binding on Successors and Assigns. This Settlement Agreement will be binding upon,

and inure to the benefit of, the successors or assigns of the Parties hereto, as previously defined.

73. California Law Governs. All terms of this Settlement Agreement and Exhibits hereto

will be governed by and interpreted according to the laws of the State of California.

74. Execution and Counterparts. This Settlement Agreement is subject only to the execution

of all Parties. However, the Settlement Agreement may be executed in one or more counterparts. All

executed counterparts and each of them, including facsimile and scanned copies of the signature page,

will be deemed to be one and the same instrument.

75. Acknowledgement that the Settlement is Fair and Reasonable. The Parties believe this

Settlement Agreement is a fair, adequate, and reasonable settlement of the Action and have arrived at this

Settlement after arm’s-length negotiations and in the context of adversarial litigation, taking into account

all relevant factors, present and potential. The Parties further acknowledge that they are each represented


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by competent counsel and that they have had an opportunity to consult with their counsel regarding the

fairness and reasonableness of this Settlement. In addition, the Mediator may execute a declaration

supporting the Settlement and the reasonableness of the Settlement and the Court may, in its discretion,

contact the Mediator to discuss the Settlement and whether or not the Settlement is objectively fair and

reasonable.

76. Invalidity of Any Provision. Before declaring any provision of this Settlement

Agreement invalid, the Court will first attempt to construe the provision as valid to the fullest extent

possible consistent with applicable precedents so as to define all provisions of this Settlement Agreement

valid and enforceable.

77. Waiver of Certain Appeals. The Parties agree to waive appeals and to stipulate to class

certification for purposes of this Settlement only; except, however, that Plaintiff or Class Counsel may

appeal any reduction in the Attorneys’ Fees and Costs below the amount they request from the Court,

and either party may appeal any court order that materially alters the Settlement Agreement’s terms.

78. Class Action Certification for Settlement Purposes Only. The Parties agree to stipulate

to class action certification only for purposes of the Settlement. If, for any reason, the Settlement is not

approved, the stipulation to class certification will be void. The Parties further agree that certification for

purposes of the Settlement is not an admission that class action certification is proper under the standards

applied to contested certification motions and that this Settlement Agreement will not be admissible in

this or any other proceeding as evidence that either (a) a class action should be certified, or (b) Defendant

is liable to Plaintiff or any Class Member, other than according to the Settlement’s terms.

79. Captions. The captions and section numbers in this Settlement Agreement are inserted

for the reader’s convenience, and in no way define, limit, construe or describe the scope or intent of the

provisions of this Settlement Agreement.

80. Waiver. No waiver of any condition or covenant contained in this Settlement

Agreement or failure to exercise a right or remedy by any of the Parties hereto will be considered to

imply or constitute a further waiver by such party of the same or any other condition, covenant, right or

remedy.

81. Enforcement Action. In the event that one or more of the Parties institutes any legal


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action or other proceeding against any other Party or Parties to enforce the provisions of this Settlement

or to declare rights and/or obligations under this Settlement, the successful Party or Parties will be

entitled to recover from the unsuccessful Party or Parties reasonable attorneys’ fees and costs, including

expert witness fees incurred in connection with any enforcement actions.

82. Mutual Preparation. The Parties have had a full opportunity to negotiate the terms and

conditions of this Settlement Agreement. Accordingly, this Settlement Agreement will not be construed

more strictly against one party than another merely by virtue of the fact that it may have been prepared

by counsel for one of the Parties, it being recognized that, because of the arm’s-length negotiations

between the Parties, all Parties have contributed to the preparation of this Settlement Agreement.

83. Representation By Counsel. The Parties acknowledge that they have been represented

by counsel throughout all negotiations that preceded the execution of this Settlement Agreement, and

that this Settlement Agreement has been executed with the consent and advice of counsel, and reviewed

in full. Further, Plaintiff and Class Counsel warrant and represent that there are no liens on the

Settlement Agreement.

84. All Terms Subject to Final Court Approval. All amounts and procedures described in

this Settlement Agreement herein will be subject to final Court approval.

85. Cooperation and Execution of Necessary Documents. All Parties will cooperate in good

faith and execute all documents to the extent reasonably necessary to effectuate the terms of this

Settlement Agreement.

86. Binding Agreement. The Parties warrant that they understand and have full authority to

enter into this Settlement, and further intend that this Settlement Agreement will be fully enforceable and

binding on all parties, and agree that it will be admissible and subject to disclosure in any proceeding to

enforce its terms, notwithstanding any mediation confidentiality provisions that otherwise might apply

under federal or state law.

January 17, 2018

01-17-2018

Exhibit A

Muse v. California Pizza Kitchen, Inc., Case No. C14-02188 SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF CONTRA COSTA

NOTICE OF CLASS ACTION SETTLEMENT

The California Superior Court authorized this notice. This is not a solicitation from a lawyer.

To: All persons who were employed by Defendant California Pizza Kitchen, Inc. (“Defendant” or “CPK”) in hourly positions in the State of California at any time during the period from November 25, 2010 through [the date of Preliminary Approval].

• Cassandra Muse, the plaintiff in the above-referenced lawsuit, alleges that CPK violated the law

due to its alleged failure to: (1) pay minimum and overtime wages; (2) pay meal and rest period premiums; (3) timely pay wages during employment; (4) timely pay wages upon discharge or termination of employment; and (5) provide accurate, itemized wage statements.

• CPK denies all claims made by the plaintiff, and further denies that it violated any law.

• The Court has not decided in favor of either the plaintiff or CPK. Instead, both sides have agreed to a settlement. You are entitled to a payment from that settlement.

• You are not being sued. This notice affects your rights. Please read it carefully.

Your Legal Rights And Options In This Settlement:

Submit A Claim Form To Get Paid To be eligible for a payment from the settlement, you must submit a Claim Form.

Exclude Yourself Get no payment. This is the only option that allows you to ever be part of any other lawsuit against CPK, about the legal claims in this case.

Object Write to the Court about why you don’t like the settlement.

Go To A Hearing Ask to speak in Court about the fairness of the settlement.

• These rights and options—and the deadlines to exercise them—are explained in this notice.

• The Court in charge of this case still has to decide whether to approve the settlement. Payments

will be made if the Court approves the settlement and after appeals are resolved, if any. Please be patient.

Questions? Contact the Settlement Administrator toll free at 1-***-***-**** Page 2

WHAT THIS NOTICE CONTAINS

WHAT THIS NOTICE CONTAINS ....................................................................................................... 2 BASIC INFORMATION ....................................................................................................................... 3 1. Why Did I Get This Notice Package? ...................................................................................... 3 2. What Is This Lawsuit About? .................................................................................................. 3 3. Why Is This A Class Action? ................................................................................................... 3 4. Why Is There A Settlement? .................................................................................................... 3 5. How Do I Know If I Am Part Of The Settlement? .................................................................. 4 THE SETTLEMENT BENEFITS—WHAT YOU GET .............................................................................. 4 6. What Does The Settlement Provide? ....................................................................................... 4 7. How Much Will My Payment Be? ........................................................................................... 4 8. How Was My Payment Calculated? ........................................................................................ 4 9. How Do I Get My Payment?.................................................................................................... 4 10. When Would I Get My Payment?......................................................................................... 4 11. What Am I Giving Up To Get A Payment Or Stay In The Class? ....................................... 5 EXCLUDING YOURSELF FROM THE SETTLEMENT ............................................................................ 5 12. How Do I Get Out Of The Settlement? ................................................................................ 5 13. If I Don’t Exclude Myself, Can I Sue Defendant For The Same Thing Later? ................... 6 14. If I Exclude Myself, Can I Get Money From This Settlement? ........................................... 6 THE LAWYERS REPRESENTING YOU ................................................................................................ 6 15. Do I Have A Lawyer In This Case? ...................................................................................... 6 16. How Will The Lawyers Be Paid? ......................................................................................... 6 OBJECTING TO THE SETTLEMENT .................................................................................................... 6 17. How Do I Tell The Court That I Don’t Like The Settlement? ............................................. 7 18. What’s The Difference Between Objecting And Excluding? .............................................. 7 THE COURT’S FAIRNESS HEARING ................................................................................................... 7 19. When And Where Will The Court Decide Whether To Approve The Settlement? ............. 7 20. Do I Have To Come To The Hearing? ................................................................................. 7 21. May I Speak At The Hearing? .............................................................................................. 8 IF YOU DO NOTHING ....................................................................................................................... 8 22. What Happens If I Do Nothing At All? ................................................................................ 8 GETTING MORE INFORMATION ....................................................................................................... 8 23. How Do I Get More Information About The Settlement?.................................................... 8


BASIC INFORMATION

1. WHY DID I GET THIS NOTICE PACKAGE?

You received this notice package because you were employed by CPK in an hourly position in the State of California at any time during the period from November 25, 2010 through [the date of Preliminary Approval]. The Court sent you this notice because you have a right to know about a proposed settlement of a class action lawsuit, and about all of your options, before the Court decides whether to approve the settlement. If the Court approves it, and after objections and appeals are resolved, if any, an administrator appointed by the Court will issue the payments that the settlement allows. This package explains the lawsuit, the settlement, your legal rights, what benefits are available, who is eligible for them, and how to get them. The Court in charge of the case is the Contra Costa Superior Court, and the case is known as Muse v. California Pizza Kitchen, Inc., Case No. C14-02188. The person who sued is called “Plaintiff,” and the company that she sued, CPK, is called the Defendant. 2. WHAT IS THIS LAWSUIT ABOUT? In her operative Class Action Complaint, Plaintiff Cassandra Muse alleges that CPK violated the California Labor Code and the California Business & Professions Code due to its alleged failure to: (1) pay minimum and overtime wages; (2) pay meal and rest period premiums; (3) timely pay wages during employment; (4) timely pay wages upon discharge or termination of employment; and (5) provide accurate, itemized wage statements. CPK denies all claims made by Plaintiff, and further denies that it violated any law. 3. WHY IS THIS A CLASS ACTION? In a class action, one or more people called Class Representatives (in this case, Cassandra Muse), sue on behalf of people who have similar claims. All these people are a Class or Class Members. One court resolves the issues for all Class Members, except for those who exclude themselves from the Class. Judge Barry B. Goode is in charge of this class action. 4. WHY IS THERE A SETTLEMENT? The Court did not decide in favor of Plaintiff or Defendant. Plaintiff thinks she could have won at trial. CPK thinks that Plaintiff would not have won anything at trial. But there was no trial. Instead, both sides agreed to a settlement. That way, both sides avoid the cost and risk of a trial, and the people


affected will get compensation. The Class Representative and her attorneys think the settlement is best for all Class Members. 5. HOW DO I KNOW IF I AM PART OF THE SETTLEMENT? Judge Goode decided that everyone who fits the following description is a Class Member: All persons who were employed by CPK in hourly positions in the State of California at any time during the period from November 25, 2010 through [the date of Preliminary Approval]. You have received this notice package because Defendant’s records indicate that you fit the above description.

THE SETTLEMENT BENEFITS—WHAT YOU GET 6. WHAT DOES THE SETTLEMENT PROVIDE? Defendant has agreed to create a $3,000,000.00 fund, which includes payments to all Class Members (including all taxes), the cost of administering the settlement, an incentive award to Plaintiff as compensation for bringing the lawsuit, payment to the attorneys for Plaintiff and the Class, and a payment to the Labor Workforce and Development Agency. 7. HOW MUCH WILL MY PAYMENT BE? Your estimated settlement payment is $_______. 8. HOW WAS MY PAYMENT CALCULATED? Class Members will receive $___ for every week they worked during the period from November 25, 2010 through [the date of Preliminary Approval]. 9. HOW DO I GET MY PAYMENT? If you want to receive money from the settlement, then you must submit a Claim Form. Claim Forms can be submitted online at www._______.com, or by completing the enclosed Claim Form and returning it to the Claims Administrator by fax or mail (see enclosed return envelope) on or before ____________. 10. WHEN WOULD I GET MY PAYMENT? The Court will hold a hearing on _____________, to decide whether to approve the settlement. If Judge Goode approves the settlement after that, there may be appeals. It’s always uncertain whether these appeals can be resolved, and resolving them can take time, perhaps more than a year. Please be patient.


11. WHAT AM I GIVING UP TO GET A PAYMENT OR STAY IN THE CLASS? Unless you exclude yourself, you are staying in the Class, and that means that you can’t sue, continue to sue, or be part of any other lawsuit against Defendant about the legal issues in this case. It further means that you can’t sue, continue to sue, or be part of any other lawsuit against Defendant about any claims related to the legal issues in this case, whether those claims are known or unknown, and whether those claims are described in this case. Specifically, it means you waive and release all wage and hour claims, rights, demands, liabilities and causes of action of every nature and description, whether known or unknown, arising from or related to the claims litigated in the action or that could have been asserted based on the facts alleged in the action against CPK during the class period, including without limitation statutory, constitutional, contractual or common law claims for wages, damages, unpaid costs, penalties, liquidated damages, punitive damages, interest, attorneys’ fees, restitution, equitable relief, or any other relief, including claims based on the following categories of allegations during the class period: (a) all claims for unpaid overtime; (b) all claims for meal and rest period violations; (c) all claims for unpaid minimum wages; (d) all claims for the failure to timely pay wages upon termination; (e) all claims for the failure to timely pay wages during employment; (f) all claims for wage statement violations; (g) all claims based on California Labor Code section 201, 202, 204, 210, 226, 226.7, 512, and/or 558, (h) all claims asserted through California Labor Code sections 2699 et seq. (the Private Attorneys General Act of 2004 (“PAGA”)) arising out of the aforementioned claims; and (i) all claims asserted through California Business & Professions Code section 17200 et seq. arising out of the aforementioned claims (“Released Claims”). Further, it means that you waive all rights and benefits afforded by California Civil Code section 1542 with respect to the Released Claims, which provides:

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.

It also means that all of the Court’s orders will apply to you and legally bind you.

EXCLUDING YOURSELF FROM THE SETTLEMENT

If you want to keep the right to sue or continue to sue CPK, on your own, about the legal issues in this case, then you must take steps to get out. This is called excluding yourself—or is sometimes referred to as opting out of the settlement Class. 12. HOW DO I GET OUT OF THE SETTLEMENT? To exclude yourself from the settlement, you must send a letter by fax or mail saying that you want to be excluded from the Muse v. California Pizza Kitchen, Inc. settlement. Be sure to include your name, signature, address, telephone number, and last four digits of your Social Security Number. You must fax or mail your exclusion request, postmarked no later than __________, to:


Settlement Administrator

Address Fax Number

If you ask to be excluded, you will not get any settlement payment, and you cannot object to the settlement. You will not be legally bound by anything that happens in this lawsuit. You may be able to sue (or continue to sue) CPK in the future. 13. IF I DON’T EXCLUDE MYSELF, CAN I SUE DEFENDANT FOR THE SAME THING LATER? No. Unless you exclude yourself, you give up any right to sue Defendant for the claims that this settlement resolves. If you have a pending lawsuit, speak to your lawyer in that case immediately. You must exclude yourself from this Class to continue your own lawsuit. Remember, the exclusion deadline is __________. 14. IF I EXCLUDE MYSELF, CAN I GET MONEY FROM THIS SETTLEMENT? No. If you exclude yourself, you will no longer be eligible for a payment. But, you may sue, continue to sue, or be part of a different lawsuit against Defendant.

THE LAWYERS REPRESENTING YOU 15. DO I HAVE A LAWYER IN THIS CASE? The Court agreed that the law firms of Capstone Law APC and the Law Offices of Mark Yablonovich in Los Angeles, California, may represent you and other Class Members. These lawyers are called Class Counsel. You will not be charged for these lawyers. If you want to be represented by your own lawyer, you may hire one at your own expense. 16. HOW WILL THE LAWYERS BE PAID? Class counsel will ask the Court to approve payment of up to $1,025,000.00 to them for attorneys’ fees and expenses, and a $10,000.00 payment to Plaintiff for her service as Class Representative. The fees would pay Class Counsel for investigating the facts, litigating the case, and negotiating the settlement. The Court may award less than these amounts.

OBJECTING TO THE SETTLEMENT You can tell the Court that you don’t agree with the settlement or some part of it.


17. HOW DO I TELL THE COURT THAT I DON’T LIKE THE SETTLEMENT? You can object to the settlement if you don’t think it is fair. You can give reasons why you think the Court should not approve it. The Court will consider your views. To object, you must file a written objection with the following: (1) your full name, signature, address, and telephone number; (2) a written statement of all grounds for the objection accompanied by any legal support for such objection; (3) copies of papers, briefs, or other documents upon which the objection is based, if any; and (4) a statement about whether you intend to appear at the Final Approval Hearing. The objection must be filed with the Court and served on the Settlement Administrator on or before ___________.

Settlement Administrator Address

Contact Information 18. WHAT’S THE DIFFERENCE BETWEEN OBJECTING AND EXCLUDING? Objecting is simply telling the Court that you don’t think the settlement is fair. You can object only if you stay in the Class. Excluding yourself is telling the Court that you don’t want to be part of the Class. If you exclude yourself, you have no basis to object because the case no longer affects you.

THE COURT’S FAIRNESS HEARING The Court will hold a hearing to decide whether to approve the settlement. You may attend and you may ask to speak, but you don’t have to. 19. WHEN AND WHERE WILL THE COURT DECIDE WHETHER TO APPROVE THE

SETTLEMENT? The Court will hold a Fairness Hearing at 8:30 AM on ___________, at the Contra Costa County Superior Court located at 725 Court Street, Martinez, California 94553 in Courtroom 17. At this hearing the Court will consider whether the settlement is fair, reasonable, and adequate. If there are objections, the Court will consider them. Judge Goode will listen to people who have asked to speak at the hearing. The Court may also decide how much to pay to Class Counsel. After the hearing, the Court will decide whether to approve the settlement. We do not know how long these decisions will take. 20. DO I HAVE TO COME TO THE HEARING?


No. Class Counsel will answer questions Judge Goode may have. But, you are welcome to come at your own expense. If you send an objection, you don’t have to come to Court to talk about it. As long as you mailed your written objection on time, the Court will consider it. You may also pay your own lawyer to attend, but it’s not necessary. 21. MAY I SPEAK AT THE HEARING? You may ask the Court for permission to speak at the Fairness Hearing. To do so, you must send a letter saying that it is your “Notice of Intention to Appear in Muse v. California Pizza Kitchen, Inc.” Be sure to include your name, address, telephone number, and your signature. Your Notice of Intention to Appear must be filed no later than ______________, and be sent to the Settlement Administrator (at the address listed in Question 17), Class Counsel (at the addresses listed in Question 23), and Defense Counsel (at Jones Day, c/o Rick Bergstrom, 4655 Executive Drive, Suite 1500, San Diego, CA 92121-3134). You cannot speak at the hearing if you excluded yourself.

IF YOU DO NOTHING 22. WHAT HAPPENS IF I DO NOTHING AT ALL? If you do nothing, you will automatically be eligible for a payment from the settlement.

GETTING MORE INFORMATION

23. HOW DO I GET MORE INFORMATION ABOUT THE SETTLEMENT? This Notice of Class Action Settlement is only a summary of the case and the settlement. For a more detailed statement of the matters involved in the case and the settlement, you may refer to the pleadings, the settlement agreement, and other papers filed in the case. All inquiries by Class Members regarding this Class Notice and/or the settlement should be directed to the Settlement Administrator or Class Counsel.

Raul Perez Capstone Law APC

1875 Century Park E., Suite 1000 Los Angeles, CA 90067 Phone: (877) 673-1316

Mark Yablonovich Law Offices of Mark Yablonovich 1875 Century Park East Suite 700

Los Angeles, CA 90067 Telephone: [Insert]

PLEASE DO NOT CONTACT THE CLERK OF THE COURT, THE JUDGE, DEFENDANT OR DEFENDANT’S ATTORNEYS WITH INQUIRIES.

Exhibit B

CLAIM FORM Return This Form To Receive Your Settlement Payment

Passcode: <<passcode>> Questions? Please Call Toll Free ------------

MAIL OR FAX TO: Muse v. California Pizza Kitchen Claims Administrator

c/o Administrator 50 Corporate Park Irvine, CA 92606

Fax:

You may be eligible to receive money in the amount estimated below if you submit this Claim Form. Alternatively, you may go to www.____________.com to submit your Claim Form online. All Claim Forms must be submitted on or before ________________, or they will be rejected. You are responsible for maintaining a copy of the fully completed Claim Form and proof of fax or mailing. If you move, please inform the Claims Administrator of your new address. It is your responsibility to keep a current address on file with the Claims Administrator. Your Workweeks: According to CPK’s records, you worked <<WorkWeeks>> Individual Workweeks during the Class Period. Based on your number of Individual Workweeks, your estimated Individual Settlement Payment is <<EstAmount>>. Please refer to the enclosed Notice of Class Action Settlement for more details. Note that this is only an estimate; your actual payment may be greater or smaller than the amount reported above. If you disagree with the number of Individual Workweeks stated above, you must submit records and explain below why you believe CPK’s records are mistaken. You must attach all supporting documentation to the Claim Form. CPK’s records will be presumed determinative unless you are able to provide documentation with this Claim Form that establishes otherwise. If there is a dispute about whether CPK’s information or yours is accurate, and the dispute cannot be resolved informally, the evidence submitted by the Class Member will be evaluated and a final decision as to the number of eligible Individual Workweeks that should be applied and/or the Individual Settlement Payment to which you are entitled will be made. Such a determination will be final and binding with no opportunity for further appeal. **IF YOU ARE CURRENTLY EMPLOYED WITH CPK, YOUR EMPLOYMENT WITH CPK WILL NOT BE ADVERSELY AFFECTED IN ANY WAY IF YOU SUBMIT A CLAIM FORM. Sign your name here

Date

Print your name here

<<Name>> <<Address1>> <<Address2>> <<City>>, <<State>> <<Zip>>

Please provide current address (if different) here: ________________________________________ ________________________________________ ________________________________________

Telephone Number: ( __ __ __ ) __ __ __ - __ __ __ __

2018 02-26 PLD-DEC Raul Perez (CPK)S(njxbimwjb4n3j52rqqa4md4x... · CASSANDRA MUSE, individually,...

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Transcript of 2018 02-26 PLD-DEC Raul Perez (CPK)S(njxbimwjb4n3j52rqqa4md4x... · CASSANDRA MUSE, individually,...