Ibarra, et al. v. Artisan Screen Printing, Inc., et al Luis Ibarra, et al. v. Artisan Screen Printing, Inc., et al.
Case No. BC644708
Los Angeles County Superior Court
A court authorized this Notice.
This is not a solicitation from a lawyer. This is not a legal action against you.
If you were employed by Artisan Screen Printing in California, a class action lawsuit may affect your rights.
Your Legal Rights and Options in this Lawsuit | |
Do Nothing | Stay in this lawsuit. Await the outcome. Give up certain rights. By doing nothing, you keep the possibility of getting money or benefits that may come from a trial or a settlement. There is no guarantee that any money or benefits will ever be available. But, you give up any rights to sue Artisan Screen Printing separately about the same legal claims that are being asserted in this lawsuit. |
Ask to be Excluded | Get out of this lawsuit. Get no benefits from it. Keep rights. If you ask to be excluded and money or benefits are later awarded, you won’t share in those. But, you keep any rights to sue Artisan Screen Printing separately about the same legal claims that are being asserted in this lawsuit. |
Basic Information
1. Why did I get this notice?
Artisan Screen Printing’s records show that you currently work, or previously worked, for Artisan Screen Printing Stores, Inc. in California during the period of December 21, 2012 to September 7, 2021. This notice explains that the Court has allowed, or “certified,” a class action lawsuit that may affect you. You have legal rights and options that you may exercise before the Court holds a trial. The trial is to decide whether the claims being made against Artisan Screen Printing, on your behalf, are correct. Judge David S. Cunningham III of the Los Angeles County Superior Court is overseeing this class action. The lawsuit is known as Ibarra, et al., v. Artisan Screen Printing, Inc., et al., Case No. BC644708.
2. What is this lawsuit about?
This lawsuit alleges that Artisan Screen Printing violated the California Labor Code by failing to provide compliant meal and rest breaks, pay for all hours worked, provide accurate itemized wage statements, and pay all wages due upon the end of employment.
3. What is a class action and who is involved?
In a class action lawsuit, one or more people called “Class Representatives” (in this case Albina Lopez) sue on behalf of other people who have similar claims. The people together are a “Class” or “Class Members.” The people who sued—and all the Class Members like them—are called the Plaintiffs. The company they sued (in this case Artisan Screen Printing) is called the Defendant. One court and jury resolve the issues for everyone in the Class—except for those people who choose to exclude themselves from the Class.
4. Why is this lawsuit a class action?
The Court decided that this lawsuit can proceed as a class action and move towards a trial because it meets the requirements of California Code of Civil Procedure section 382, which governs class actions in California courts. Specifically, the Court found that:
More information about why the Court is allowing this lawsuit to proceed as a class action is in the Court’s Order Certifying the Class, which is available at www.ArtisanClassAction.com.
The Claims in the Lawsuit
5. What does the lawsuit complain about?
Plaintiff alleges that Artisan Screen Printing violated the California Labor Code by failing to provide compliant meal and rest breaks, pay for all hours worked, provide accurate itemized wage statements, and pay all wages due upon the end of employment.
6. How does Artisan Screen Printing answer?
Artisan Screen Printing denies that it did anything wrong and maintains that it provided compliant meal and rest breaks, paid for all hours worked, provided accurate itemized wage statements, and paid all wages due upon the end of employment, in full compliance with the law. Artisan Screen Printing’s Answer to the Complaint is also on the website.
7. Has the Court decided who is right?
No, the Court has not decided whether Artisan Screen Printing or the Plaintiff is correct. By establishing the Class and issuing this Notice, the Court is not suggesting that the Plaintiff and the Class will win or lose this case. The Plaintiff and the Class must prove their claims at a trial starting on November 14, 2022. (See “The Trial” below on page 5.).
8. What is the Plaintiff asking for?
The Plaintiff is asking that Artisan Screen Printing be required to pay damages and restitution in the form of unpaid wages to the Class, as well as statutory and civil penalties, for violating the California Labor Code.
9. Is there any money available now?
No money or benefits are available now because the Court has not yet decided whether Artisan Screen Printing did anything wrong, and the two sides have not settled the case. There is no guarantee that money or benefits ever will be obtained. If money or benefits are obtained, you will be notified about how to receive them.
Who Is in the Class?
10. Am I part of the Class?
The Court has decided that all persons who were non-exempt employees of Artisan Screen Printing in California during the period of December 21, 2012 to September 7, 2021 are part of the Class and are referred to as “Class Members.” Artisan Screen Printing’s records indicate that you are a Class Member.
Your Rights and Options
11. What happens if I do nothing at all?
You don’t have to do anything now if you want to keep the possibility of getting money or benefits from this lawsuit. By doing nothing you are staying in the Class. If you stay in and the Plaintiff and the Class obtain money or benefits, either as a result of the trial or a settlement, you will be notified about how to receive a share (or how to exclude yourself from any settlement). Keep in mind that if you do nothing now, regardless of whether the Plaintiff and the Class win or lose at trial, you will not be able to sue Artisan Screen Printing as part of any other lawsuit regarding the same legal claims that are being asserted in this lawsuit. You will also be legally bound by all of the Orders and judgments the Court issues in this class action.
12. Why would I ask to be excluded?
If you already have your own lawsuit against Artisan Screen Printing for the same legal claims that are being asserted in this lawsuit and want to continue with your own lawsuit, you need to ask to be excluded from the Class. If you exclude yourself from the Class—which is also called “opting out” of the Class—you will not get any money or benefits from this lawsuit even if the Plaintiffs and the Class obtain money or benefits as a result of the trial or from any settlement between Artisan Screen Printing and the Class. If you do exclude yourself, you will not be legally bound by the Court’s judgments in this class action.
If you start your own lawsuit against Artisan Screen Printing after you exclude yourself, you may have to hire and pay your own lawyer for that lawsuit, and you will have to prove your own claims. If you do exclude yourself so you can start or continue your own lawsuit against Artisan Screen Printing, you should talk to your own lawyer soon, because your claims may be subject to a statute of limitations.
13. How do I ask to be excluded?
To ask to be excluded, you must send an “Exclusion Request” in the form of a letter sent by mail, stating that you want to be excluded from Ibarra v. Artisan Screen Printing. Be sure to include your name and address, and sign the letter. You must mail your Exclusion Request postmarked by September 26, 2022, to: ILYM Group Inc., P.O. Box 2031, Tustin, CA 92781.You can also download an Exclusion Request form at the website, www.ArtisanClassAction.com.
The Lawyers Representing You
14. Do I have a lawyer in this case?
The Court decided that the law firm of Matern Law Group, PC is qualified to represent you and all Class Members. As such, that law firm is referred to as “Class Counsel.” The law firm is experienced in handling similar cases against other employers. More information about this law firm, its practice, and its lawyers’ experience is available at www.maternlawgroup.com.
15. Should I get my own lawyer?
You do not need to hire your own lawyer because Class Counsel is working on your behalf. But, if you do want your own lawyer, you may have to pay that lawyer. For example, you can ask him or her to appear in Court for you if you want someone other than Class Counsel to speak for you.
16. How will the lawyers be paid?
If Class Counsel obtains money or benefits on behalf of the Class, Class Counsel may ask the Court for fees and expenses. If the Court grants Class Counsel’s request, the fees and expenses would be either deducted from any money obtained for the Class or paid separately by Artisan Screen Printing. You will not have to pay these fees and expenses.
The Trial
17. How and when will the Court decide who is right?
As long as the case is not resolved by a settlement or otherwise, Class Counsel will have to prove the claims asserted by Plaintiff and the Class at a trial. The trial is set to start on November 14, 2022, at 9:00 a.m., in Department 11 of the Los Angeles County Superior Court, located at 312 North Spring Street, Los Angeles, California 90012. During the trial, a Jury or the Judge will hear all of the evidence to help them reach a decision about whether the Plaintiff and the Class or Defendant are right about the claims in the lawsuit. There is no guarantee that the Plaintiff and the Class will win, or that there will be any money for the Class.
18. Do I have to come to the trial?
You do not need to attend the trial. Class Counsel will present the case for the Plaintiff and the Class, and Artisan Screen Printing will present its defenses. You or your own lawyer are welcome to come at your own expense.
19. Will I get money after the trial?
If the Plaintiff obtains money or benefits as a result of the trial or a settlement, you will be notified about how to participate. We do not know how long this will take.
Getting More Information
20. Are more details available?
If you have additional questions concerning the lawsuit or this Notice, you may contact Class Counsel:
Matthew J. Matern
Mikael H. Stahle
Matern Law Group, PC
1230 Rosecrans Avenue, Suite 200
Manhattan Beach, CA 90266
(310) 531-1900
mmatern@maternlawgroup.com
mstahle@maternlawgroup.com
You may also visit the website, www.ArtisanClassAction.com, where you will find the Court’s Order Certifying the Class, the Complaint that the Plaintiffs submitted, the Defendant’s Answer to the Complaint, as well as an Exclusion Request form.