SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO SAN BERNARDINO DISTRICT [CLASS ACTION]

Transcription

1 0 LAW OFFICES OF ROBERT W. SKRIPKO, JR., APLC Robert W. Skripko, Jr. (SEN ) N. Broadway, nd Floor Santa Ana, California 0 Tel: () -00; Fax: () -0 DENIS & RASI, PC PaulJ. Denis (SEN 0) Ethan E. Rasi (SEN: ) N. Broadway, nd Floor Santa Ana, CA 0 Tel: () -; Fax: () -0 Attorneys for Plaintiffs and Putative Class Representatives, TALIAH URSERY, JANNEEN PEARSON, CHRISTINA MCDONALD, and Similarly Situated Employees, and their fellow Aggrieved Employees BY_ NOV Ol 0 SULMATOHlgHS. DEPUTY 0 SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO SAN BERNARDINO DISTRICT TALIAH URSERY, JANNEEN PEARSON, CHRISTINA MCDONALD, and MOES through,000, individually, and on behalf of all represented coworkers; V. Plaintiffs, SAN BERNARDINO, INC. dba INTERNATIONAL HOUSE OF PANCAKES, a California Corporation; SIYAVOUSH SOLEIMANI, an individual, and DOES through 0, inclusive. Defendants. [CLASS ACTION] CASE:CIVDS0 JUDGE: Hon. Thomas Garza DEPT: S ORDER OF PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT Hearing Date: November I, 0 Hearing Time::0 a.m. Dept: S Complaint Filed: February, 0 Trial Date: None Set TO THE HONORABLE COURT, ALL PARTIES, AND ATTORNEYS OF RECORD: The Motion for Preliminary Approval of a Settlement came before this Court on November, 0. The Couit, having reviewed and considered the proposed Settlement Agreement, Notice, and Claim Form, the Motion for Preliminary Approval of Class Action ORDER OF PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT

2 0 0 Settlement filed by the parties, the memorandum of points and authorities and declarations submitted by the parties in support thereof, any opposition and/or objection thereto, all pleadings, files and records with the Court in this action, the application of controlling case precedent and statutory authority, and good cause appearing, THE COURT HEREBY ORDERS THE FOLLOWING:. The Court grants preliminary approval of the settlement as set forth in the Settlement Agreement and finds the terms to be within the range of reasonableness of a settlement that ultimately could be granted approval by the Court at the Final Fairness Hearing. For purposes of the settlement, the Court finds that the proposed settlement class is ascertainable and that there is a sufficiently well-defined community of interest among the Class in questions of law and fact. Therefore, for settlement purposes only, the Court grants conditional certification of the following "Class" defined as follows: "All non-exempt individuals employed at the International House of Pancakes restaurant operated by Defendants at 0 N University Parkway, San Bernardino, CA 0-, at any time during the period of^bru^',0 through the date of preliminary approval of this proposed class action settlement.". For purposes of the settlement, the Court further designates named Plaintiffs, TALIAH URSERY, JANNEEN PEARSON, and CHRISTINA MCDONALD, as Class Representatives, and the Robert W. Skripko, Jr., of the Law Office of Robert W. Skripko, Jr., APLC, as well as Paul J. Denis and Ethan E. Rasi, of the Law Office of Denis & Rasi, PC as Class Counsel.. The Court confirms CPT Group, Inc. as the Claims Administrator ("Administrator").. A Final Fairness Hearing on the question of whether the proposed settlement should be finally approved as fair, reasonable and adequate as to the members of the Settlement Class is scheduled in Department of the San Bernardino County Superior Court - Civil Division, located at W. Third Street, San Bernardino, CA., onnovcmbci' I, 0, at :0 a.m.. At the Final Fairness Hearing, the Court will consider: (a) whether the settlement -- ORDER OF PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT

3 0 0 should be approved as fair, reasonable, and adequate for the class; (b) whether a judgment granting final approval of the settlement should be entered; and (c) whether Plaintiffs' application for an award of attorneys' fees, reimbursement of litigation expenses, and class representative enhancement should be granted.. Counsel for the parties shall file memoranda, declarations, or other statements and materials in support of their request for final approval by no later than March, 0.. Class Counsel shall file a motion for an award of attorneys' fees, reimbursement of litigation expenses and class representative enhancement by no later than March,0.. The Court approves, as to form and content, the Notice of Proposed Class Action Settlement ("Settlement Notice"), the Settlement Claim Form ("Claim Form") and the Reminder Postcard, which are attached as Exhibits "A,""B" and "C", respectively, to the Settlement Agreement.. Within twenty-one () calendar days after entry of this Preliminary Approval Order, Defendants shall provide the Administrator with a list of the names, last known residential address, telephone numbers, dates of employment, and Social Security Numbers, for the Class and number of shifts worked by each Class Member during the Class Period ("Class Data"). Both the completeness and accuracy of the Class Data provided by Defendants will be verified in a declaration signed under penalty of perjury by Defendants' qualified representative(s). 0. The Administrator shall transmit the Settlement Notice no later than 0 calendar days after receipt of the Class Data from Defendants. ("Notice Date"). The Settlement Notice shall provide at least 0 calendar days from the Notice Date for a proposed member of the Class to submit their Claim Form, or fifteen () calendar days from the date the Second Mailing and/or deficiency notice described in the Settlement Agreement (whichever is later).. The Administrator shall send a deficiency notice to all Class Members who have irregularities in their timely submitted Claim Form. The deficiency notice will provide the Class Member no less than fifteen () calendar days from the mailing of the deficiency notice to cure the deficiency even if after the Claim Form Deadline has elapsed. -- ORDER OF PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT

4 0 0. Unless the Administrator receives a Notice returned from the United States Postal Service, that Notice shall be deemed received by the individual in the Class to whom it was mailed.. In the event that after the First Mailing the Notice is returned by the United States Postal Service to the Administrator with a forwarding address for the intended recipient, the Administrator shall immediately r the Notice to the forwarding address, the Notice will be deemed mailed as of that date ("Second Mailing"), and the recipient will have fifteen () calendar days from the date of the Second Mailing or the Claim Form Deadline, whichever is later, to return his or her Claim Form.. The Settlement Notice shall provide at least 0 days from the Notice Date for a proposed member of the Class to submit an opt out or object to the settlement.. The Court directs the mailing of Settlement Notice and Claim Form by first class mail, return postage prepaid, to the members of the Settlement Class.. The Court finds that the forms of Settlement Notice and Claim Form to the Settlement Class regarding the pendency of the action and of this settlement, and the methods of giving notice to members of the Settlement Class constitute the best notice practicable under the circumstances and constitute valid, due, and sufficient notice to all members of the Settlement Class. They comply fully with the requirements of California Code of Civil Procedure section, California Civil Code, California Rules of Court. and., the California and United States Constitutions, and other applicable law.. Not more than thirty (0) calendar days or fewer than twenty (0) calendar days after mailing the Class Notice, the Administrator shall send one Reminder Postcard ("Ex. C") regarding the deadlines and requirements for the timely submittal of a proper Claim Form to all Class Members who have not submitted a Claim Form or a Request for Exclusion from the settlement. The postcard shall be mailed to such Class Members via first-class regular U.S. Mail, using the most current mailing address information then available for such Class Members.. The Court further approves the procedures for Class Members to participate in, opt out of, or object to the Settlement, as set forth in the Settlement Agreement and Notice of Pendency of Class Action. -- ORDER OF PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT

5 To validly object to the Settlement Agreement, an objecting settlement class member must provide the following information in the written objection: (i) the objecting settlement class member's full name, current address, telephone number, and signature; (ii) the settlement class member's objections to the Settlement Agreement; (iii) the reasons for the settlement class member's objections; (iv) whether the settlement class member intends to appear at the Final Fairness Hearing with or without separate counsel; and (v) if the settlement class member intends to appear at the Final Fairness Hearing with separate counsel, the identities of all attorneys who will separately represent the settlement class member. In addition, any settlement class member objecting to the Settlement Agreement shall provide a list of any other objections submitted by the objector, or the objector's separate counsel, to any class action settlements submitted in any court in the United States, whether state, federal or otherwise, in the previous five years. If the settlement class member or the settlement class member's separate counsel has not objected to any other class action settlement in any court in the United States in the previous five years, the settlement class member shall affirmatively so state in the written objection.. The procedures and requirements for filing objections in connection with the Final Fairness Hearing are intended to ensure the efficient administration of justice and the orderly presentation of any Class Member's objection to the Settlement Agreement, in accordance with the due process rights of all Class Members.. Pending the Final Fairness Hearing, all proceedings in this action, other than proceedings necessary to carry out or enforce the terms and conditions of the Settlement Agreement and this Order, are stayed.. Counsel for the parties are hereby authorized to utilize all reasonable procedures in connection with the administration of the settlement which are not materially inconsistent with either this Order or the terms of the Settlement Agreement.. To facilitate administration of the Settlement pending final approval, the Court hereby enjoins all Class Members from filing or prosecuting any claims, suits or administrative proceedings regarding claims released by the Settlement unless and until such Class Members have filed valid requests to exclude themselves with the Administrator and the time for filing -- ORDER OF PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT

6 0 0 claims with the Administrator has elapsed.. The Court orders the following Implementation Schedule for further proceedings: EVENT Last day for Defendants to provide class member data to the administrator for preparation of the Notice. Notice Date: last day for claims administrator to mail class notice and claim form to class members. Close of Opt-Out/Objection Period: (i) last day for class members to submit opt-outs; (ii) last day for class members to submit objections Close of Claims Period: last day for class TIMING No later than days from entry of this Order of Preliminary Approval- November, 0 No later than 0 days from receipt of the class member data from Defendants- December, 0 No later than 0 days from the Notice Date - January, 0 No later than 0 days from the Notice Date - members to submit claim forms. February 0, 0 Or, if applicable, days from Second Mailing-March, 0 Last day for Plaintiffs to respond to objections. No later than 0 days from the Notice Date - Last day for class counsel to file motion for award of attorneys' fees, reimbursement of litigation expenses, class representative enhancement, administration expenses Last day for Plaintiffs to file motion and supporting documents for final approval of class action settlement. Last day for Administrator to provide declaration regarding administration of the class settlement, including, mailing of Settlement Notice and Claim Form, r ings, receipt of timely Claim Forms, resolution of shift disputes, receipt of any optouts, receipt of any objections, aggregate of amount of the net settlement claimed by Qualified Claimants. Hearing on final approval of the class action settlement. Assuming the Effective Date of the Settlement has been achieved as provided for in the Settlement Agreement - Last day for Administrator to provide declaration regarding completion of the administration of the settlement, including, mailing of settlement checks to participating class members. March, 0 No later than 0 days from the Notice Date - March, 0 No later than 0 days from the Notice Date - March, 0 No later than 0 days from the Notice Date - March, 0 No later than 0 days from the Notice Date -April,0 No later than 0 days from the hearing on final approval of the class action settlement - May,0 -( ORDER OF PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT

7 0 payment of attorneys' fees and costs, enhancement awards to the Class Representatives, forwarding of PAGA allotted proceeds to the California Labor and Workforce Development Agency; transmitting of any uncashed settlement checks to the California Department of Industrial Relations in trust for the subject Class Member.. The Fairness Hearing and related prior deadlines set forth above may, from time to time and without further notice to the Settlement Class (except as to those who have filed timely and valid objections) be advanced, continued, or adjourned by Order of the Court.. Pursuant to the settlement agreement, the Third Amended Complaint filed concurrently with Plaintiffs' instant Motion for Preliminary Approval of Class Action Settlement ("Ex. D") shall be deemed filed and served as of the date of the Court's signing of this order. Defendants' Answer on filed with the Court shall be deemed to be Defendants' Answer to the amended complaint. 0 IT IS SO ORDERED. Noy a.i 0 Dated: ^, 0 By:. THOMAS GARZA HON. THOMAS GARZA Judge of the Superior Court ORDER OF PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT

8 Exhibit A

9 NOTICE OF PROPOSED CLASS ACTION SETTLEMENT TO ALL HOURLY NON-EXEMPT EMPLOYEES WHO WORKED AT THE INTERNATIONAL HOUSE OF PANCAKES RESTAURANT OPERATED AT 0 N. UNIVERSITY PARKWAY. SAN BERNARDINO. CA 0. AT ANY TIME FROM FEBRUARY. 0 TO July. 0 WHY AM I RECEIVING THIS NOTICE: You are receiving this Notice because you have been identified as an hourly non-exempt employee who worked at the International House of Pancakes restaurant operated at 0 N. University Parkway, San Bernardino, CA 0, by Defendants, SAN BERNARDINO, INC. dba INTERNATIONAL HOUSE OF PANCAKES and SIYAVOUSH SOLEIMANI (collectively "Defendants"), at some time during the period of February, 0 through and including July, 0 {i.e. the date of preliminary approval of this class action Settlement). If you sign the Claim Form provided with this Notice, you will be entitled to receive a share of a proposed settlement of the class action lawsuit regarding the IHOP Restaurant PLEASE READ THIS NOTICE CAREFULLY. THIS NOTICE RELATES TO A PROPOSED SETTLEMENT OF CLASS ACTION LAWSUIT. THIS NOTICE CONTAINS IMPORTANT INFORMATION AS TO YOUR RIGHTS AS FURTHER DESCRIBED BELOW. A settlement has been reached between the parties in the Lawsuit pending in the San Bernardino County Superior Court entitled, Ursery, etal. v. San Bernardino, Inc., etal.. Case No. CIVDS0 (the "Lawsuit"). The Settlement of the Lawsuit ("Settlement") involves a proposed settlement class consisting of all hourly non-exempt employees, like you, who worked at the International House of Pancakes restaurant operated at 0 N. University Parkway, San Bernardino, CA 0 (hereinafter "University Parkway IHOP"), at any time during the period of February, 0 through and including July, 0. (the "Settlement Period") TERMS USED IN THIS NOTICE:. Administrator. The term "Administrator" means the third party neutral administrator who has been approved by the Court to process claims and distribute the proceeds of the Settlement. The Administrator chosen for this case is CPT Group, Inc.. Agreement. The terms "Agreement" or "Settlement Agreement" refer to the Settlement Agreement signed by the Parties and filed with the California Superior Court County of San Bernardino, as part of Plaintiffs' Motion for Preliminary Approval of Class Settlement. The Settlement Agreement is an agreement between the Plaintiffs Taliah Ursery, Janneen Pearson, Christina McDonald ("Plaintiffs") and the Defendants San Bernardino, Inc. and Siyavoush Soleimani ("Defendants") (Plaintiffs and Defendants are referred to collectively as the "Parties") concerning the Lawsuit that allows for payments as set forth in this Notice to eligible Class Members who submit valid claims to the Administrator. A full copy of the Settlement Agreement is available to view at the filing department of the San Bernardino Superior Court located at West Third St., San Bernardino, California.. Claim Form. The term "Claim Form" refers to the attached claim form. Each Settlement Class Member who wishes to participate in the Settlement must properly fill out, sign and timely return their Claim Form to the Administrator. V.I Page of QUESTIONS? CALL TOLL FREE -

10 . Settlement Class Member. The terms "Settlement Class Member" and "Settlement Glass Members" refers to individuals in the Settlement Glass.. Class Member Release. The term "Glass Member Release" refers to the Release each Glass Member will be bound by if they either: (a) fill out and return a valid Claim Form or (b) do not fill out and timely return a valid Claim Form and do not timely request to be excluded from the Settlement Glass. By executing and returning a valid Claim Form, the Settlement Glass Member agrees that, in return for the payments specified in the Settlement Agreement, the participating Settlement Glass Member agrees to release Defendants and the Released Parties from the Released Claims. Settlement Glass Members who do not execute and return a valid Claim Form, and who do not timely request exclusion from the Settlement Glass, agree to release Defendants and the Released Parties from all claims that were or could have been asserted in the Lawsuit by Settlement Glass Members that are related to the facts and/or claims asserted in the Lawsuit.. Class Representative Enhancements. The term "Glass Representative Enhancements" refers to the enhancement, to be approved by the Court, to be paid to each Glass Representative for her role in bringing and assisting as a named Plaintiff in the Lawsuit. The Parties have stipulated that each Glass Representative can ask the Court for up to Five Thousand Dollars ($,000) each for payment of a Glass Representative Enhancement. The amount of the Glass Representative Enhancement will be determined by the Court at the hearing for Final Approval, scheduled for January 0.. Released Claims: The term "Released Claims" means any and all claims related to employment at the University Parkway IHOP at any time during the Settlement Period, related to or which could have been brought in the Lawsuit based on the allegations in the Complaint, the First Amended Complaint, the Second Amended Complaint, the letters mailed by on behalf of Plaintiffs to the Labor Workforce Development Agency containing allegations against Defendants pursuant to the Labor Code Private Attorney General Act ("PAGA") and the proposed further amendment to the complaint to assert Plaintiffs' claims in the Lawsuit a class action. Such released claims include all claims arising out of or in connection with the claims and allegations in the Lawsuit related to employment at the International House of Pancakes located at 0 N University Parkway, San Bernardino, GA 0-, at any time during the period of February, 0 through July, 0, including, but not limited to, claims for unpaid minimum wages, unpaid overtime, overtime pay not paid at the regular rate, reporting time pay, standby pay, split shift pay, meal and rest break premium pay, improper wage statements, expense reimbursement, patronage, failure to indemnify expenses, unlawful deductions from tips and gratuities, failure to maintain accurate employee records (relating to hours worked and wages earned, gratuities earned and wage deductions), waiting time penalties, conversion, releases to obtain wages, claims brought pursuant to Galifornia Labor Gode sections 0 etseq., 00, 0, 0., 0, 0, 0, 0., 0, 0,,,,., 0,,, 00, 0, 0, 0, 0, 0, 0,,,,.,,.,,.,.,,,,,., 0, claims for violation of the Business and Professions Gode section 00 et al., claims for violation of the analogous provisions of the applicable Wage Order and claims brought for related penalties under PAGA.. Settlement Class: The term "Settlement Glass" refers to all of Defendants' hourly non-exempt individuals employed at the University Parkway IHOP at any time during the Settlement Period of February, 0 through July, 0 who do not request to be excluded from the Settlement Glass pursuant to the Request for Exclusion procedure described in paragraph VI(G) herein. v.! Page of QUESTIONS? CALL TOLL FREE -

11 . Class Representatives. The term "Class Representatives" refers to the three named Plaintiffs Taliah Ursery, Janneen Pearson, and Christina McDonald in the Lawsuit. 0. GSF. The term "GSF" means "Gross Settlement Fund." The Gross Settlement Fund is the maximum amount Defendants will pay under the Settlement. Under the terms of the Settlement Agreement, the GSF is $,000.. NSS. The term "NSS" means "Net Settlement Sum." The Net Settlement Sum is the GSF minus, settlement administration costs, Enhancement Payments to the Class Represenatives, courtapproved attorney's fees and costs, the portion of the Settlement that is allocated to payment of penalties under the California Labor Code Private Attorney General Act ("PAGA (% of which is payable to the California Labor Workforce Development Agency ("LWDA") and % of which is payable to Qualified Claimants on a pro rata basis ("PAGA Penalty Allocation"),the employer's portion of payroll taxes attributed to the wage portion of the settlement payments made to Settlement Class Members, and payments of $,00 made each of the Plaintiffs in exchange for a General Release of their claims. The NSS will limit the total amount of money available to be paid to the Settlement Class Members.. PAGA. The term "PAGA" refers to a section of the California Labor Code known as the Labor Code Private Attorney General Act, which is found at Sections -. of the California Labor Code. PAGA is a law that allows private individuals to sue and collect, under certain circumstances, penalties for Labor Code violations with the proceeds of any applicable penalties to be allocated % to the California LWDA and % to the Qualified Claimants.. PAGA Penalty Allocation. The term "PAGA Penalty Allocation" refers to the portion of the Settlement that the Parties have allocated to settle PAGA claims in the Lawsuit. In the Settlement Agreement, the Parties have stipulated to the allocation of the sum of $,00 to the PAGA Penalty Allocation, with $, of that amount payable to the California LWDA and the remainder to be paid to Qualified Claimants on a pro rata basis.. Qualified Claimant(s). The term "Qualified Claimant(s)" refers to those Settlement Class Members that timely return valid Claim Forms to the Administrator.. Request for Exclusion. The term "Request for Exclusion" refers to a Class Member's request to be excluded from the Settlement Class. Any Settlement Class Member who wishes to exclude himself/herself from the Settlement must follow the procedure described in section VII(C) of this Notice. Any Settlement Class Member who wishes to file their own lawsuit against Defendants for any of the claims alleged in the Lawsuit must submit to the Administrator a written Request for Exclusion from this Settlement. Failure to submit a Request for Exclusion from the Settlement will result in a release of the Released Claims if the Settlement is approved by the Court. However, any Settlement Class Member who wishes to bring their own claim is advised to consult with his or her own attorney as soon as possible as applicable statutes of limitations may affect your ability to bring such claims.. Settlement. The term "Settlement Agreement" or "Agreement" refers to the Class Action Settlement Agreement executed by the parties and filed with the Court as part of Plaintiffs' Motion for Preliminary Approval of Settlement. The Settlement is an agreement between the Plaintiffs and the Defendants that allows for payments as set forth in this Notice of Proposed Class Action Settlement. A copy of the Settlement Agreement is available for review at the San Bernardino Superior Court.. Settlement Period. The "Settlement Period" for the Settlement Class is February, 0 through July, 0. Page of QUESTIONS? CALL TOLL FREE - V.I

12 I. WHY DID I GET THIS NOTICE? The records of San Bernardino, Inc. indicate that you were/are an hourly non-exempt employee who worked at the University Parkway IHOP restaurant operated by Defendants at some time during the Settlement Period. This Notice explains that for settlement purposes only, the Court has allowed, or certified, a class action lawsuit that may affect your rights and that a Settlement has been reached in that Lawsuit. You have legal rights and options that you may exercise at this time. II. WHAT IS THIS CLASS ACTION LAWSUIT ABOUT? Three workers ("Class Representatives") employed at the University Parkway IHOP operated by Defendants filed a lawsuit on behalf of themselves and their co-workers claiming that Defendants violated California labor laws allegedly by:. Failing to Pay All Earned Minimum Wages and Overtime Wages;. Failing to Pay Split Shift Minimum Wages;. Failing to Timely Pay All Earned Wages;. Failing to Pay Reporting Time and Stand-By Wages;. Failing to Pay All Earned Wages Upon Termination;. Failing to Permit 0 Minute Rest Periods;. Failing to Provide 0 Minute Meal Periods;. Failing to Reimburse Uniform and Equipment Expenses;. Unlawful Deduction From Tips and Gratuities; 0. Failing to Provide Lawful Wage Statements;. Failing to Indemnify;. Converting Wages;. Requiring employees to sign statements of the hours worked which Defendants knew to be false; that these alleged violations constitute unfair business practices; and that civil penalties under PAGA apply to those claims. Defendants deny any wrongdoing and contend that they were in compliance with all California labor laws. The Court has not ruled on whether the employees' claims have any merit. However, for the purpose of avoiding the time and expense of further litigation, the ultimate outcome of which is uncertain, and to provide fair and reasonable resolution of this legal dispute, the Class Representatives and Defendants have negotiated a settlement whereby Defendants have agreed to pay a maximum of up to two hundred seventy-five thousand dollars ($,000) to resolve all of the Released Claims. The Settlement is not an admission by Defendants of any liability. III. WHO IS INCLUDED IN THIS CLASS ACTION? All hourly non-exempt employees who worked at the University Parkway IHOP restaurant operated by Defendants at 0 N. University Parkway, San Bernardino, CA 0, at some time during the period of February, 0 and July, 0. IV. WHAT DOES THE PROPOSED SETTLEMENT PROVIDE? The maximum amount of money to be paid by Defendants in this Settlement is $, ("Gross Settlement Fund" or "GSF"). From the GSF, Plaintiffs will request that the court approved third-party administrator, CPT Group, Inc. (the "Administrator"), be paid to administer the Settlement. The fees of the Administrator are estimated to not exceed $,00. Plaintiffs will request that they be paid enhancement fees as Class Representatives, to be paid from the GSF, in an amount not to $,000 each. Plaintiffs will also be paid $,00 each from the GSF in exchange for a general release of any and all claims. Plaintiffs' attorneys will request an amount for attorneys' fees in an amount not to exceed $,00, and documented reasonable costs up to $0,000, actually incurred by Plaintiffs' attorneys to be paid from the GSF. The application for attorneys' fees and costs can be examined during regular business hours at the Office of the Clerk of the San Bernardino County Superior Court, located at the San Bernardino Superior Court, W rd St, San Bernardino, CA 0. In addition, a $,00 payment will be made from the GSF for penalties pursuant to PAGA; % of which shall be V.I Page of QUESTIONS? CALL TOLL FREE -

13 paid to the California LWDA, and the remaining % shall be distributed to Qualified Claimants on a pro rata basis. Defendants' portion of the employer payroll taxes shall also be paid out of the GSF. Assuming that the requested amounts for attorneys' fees and costs, Class Representative Enhancements, PAGA Penalty Allocation, and the fees and costs of the Administrator are granted in full, the maximum funds for distribution to the Settlement Class (other than payments from the PAGA Penalty Allocation) if every eligible Settlement Class Member filed a valid claim, will be approximately ($###). Defendants will make payments, on what is called a claims-made basis, to Settlement Class Members who submit valid claims pursuant to the Court-approved plan of distribution as described in the Settlement. After deducting for the cost of the Administrator, the Class Representatives' Enhancements and $,00 Release payments to Plaintiffs, the amount of attorneys' fees and costs, the PAGA Penalty Allocation, and Defendants' employer portion of the payroll taxes, the remainder of the GSF (hereinafter the "Net Settlement Sum" or "NSS") will be allocated for payments to each eligible Settlement Class Member who submits a valid claim (i.e., Qualified Claimants). Qualified Claimants will also receive a portion of the % allocation of PAGA Penalty Allocation to be paid to Qualified Claimants on pro rata basis. Once the Settlement Agreement and other settlement documents are finally approved by the Court, and the Effective Date of the Settlement is achieved as provided for in the Settlement Agreement, the payment to each Qualified Claimant will be calculated as described below: Each Qualified Claimant's allocation of the NSS will be determined by dividing the NSS by the total number shifts worked by all of the Settlement Class Members during the Settlement Period resulting in a value for each shift worked by each of the Settlement Class Members. The Administrator will then take the shift value and multiply it by the number of shifts worked by each Qualified Claimant. Defendants shall have no obligation to pay out any of the NSS sums in excess of a 0% floor ("Floor") that are not claimed by Settlement Class Members pursuant to the claims process in the Settlement Agreement. If less than 0% of the NSS is claimed by Settlement Class Members, then settlement payments up to the 0% Floor, shall be allocated to Qualified Claimants on a pro rata basis. Under no circumstance shall Defendants pay in excess of the GSF of two hundred seventy five thousand dollars ($,000.00). Your individual share of the NSS will be based on the number of shifts you worked as a non-exempt hourly employee at the University Parkway IHOP during the Settlement Period. The amount of money you receive will be based on the number of shifts you worked in comparison to the total number of shifts worked by all of the Qualified Claimants. The calculations will be based on data provided by Defendants to the Administrator. V. WHAT IS THE SCOPE OF THE RELEASE? Unless you request to be excluded from the Class, you will be bound by the terms of the Settlement Agreement and you will release Defendants, as well as their respective past or present directors, officers, shareholders, owners, operators, employees, insurers, attorneys, and their respective spouses, heirs, and beneficiaries ("Released Parties"), from any and all claims which occurred at the International House of Pancakes located at 0 N. University Parkway, San Bernardino, CA 0-, at any time during the period of February, 0 through July, 0, related to or which could have been brought in the Lawsuit based on the allegations in the Complaint, the First Amended Complaint, the Second Amended Complaint, the letters mailed by on behalf of Plaintiffs to the Labor Workforce v.] Page of QUESTIONS? CALL TOLL FREE -

14 Development Agency containing allegations against SB -SOLEIMANI pursuant to the PAGA and the proposed amendment to the complaint to assert Plaintiffs' claims in the Lawsuit as a class action. Such released claims include all claims arising out of or in connection with the claims and allegations in this Class Action which occurred at the International House of Pancakes located at 0 N University Parkway, San Bernardino, OA 0-, at any time during the period of Februaiy, 0 through July, 0, including, but not limited to, claims for unpaid minimum wages, unpaid overtime, overtime pay not paid at the regular rate, reporting time pay, standby pay, split shift pay, meal and rest break premium pay, improper wage statements, expense reimbursement, patronage, failure to indemnify, unlawful deductions from tips and gratuities, failure to maintain accurate employee records (relating to hours worked and wages earned, gratuities earned and wage deductions), waiting time penalties, conversion, releases to obtain wages, claims brought pursuant to California Labor Code sections 0 et seq., 00, 0, 0., 0, 0, 0, 0., 0, 0,,,,., 0,,, 00, 0, 0, 0, 0, 0, 0,,,,.,,.,,.,.,,,,,., 0, claims for violation of the Business and Professions Code section 00 et al., claims for violation of the analogous provisions of the applicable Wage Order and claims brought for related penalties under PAGA ("Released Claims"). The release includes, without limitation, an express waiver, as to the Released Claims only, to the fullest extent permitted by law, by Plaintiffs, all Settlement Class Members, and all other Releasing Parties of any and all rights under California Civil Code section, 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 must have materially affected his or her settlement with the debtor." Plaintiffs and all Settlement Class Members expressly waive, as to the Released Claims only, any and all provisions, rights and benefits conferred by any law or principle of common law or equity, that is similar, comparable, or equivalent, in whole or in part, to California Civil Code section. Although there is a reference to a "general release" in California Civil Code copied above, nothing in this Settlement Agreement shall be interpreted to create a general release of claims as to the Class Members other than as to the Plaintiffs themselves. VI. WHAT ARE MY OPTIONS? A. You may accept your share of the Settlement by timely filling out and signing the attached Claim Form and returning it by: mall or overnight mail to: CPT Group, Inc., 0 Aston Street, Irvine, California 0; or insertcasename@cptgroup.com; or fax: () -; or personally delivering it to CPT Group, Inc.: 0 Aston Street, Irvine, California 0. To be valid and timely, your Claim Form must be postmarked or received by the Administrator no later than DATE. By executing the Claim Form, you are consenting to the Settlement Agreement and will be paid pursuant to the terms of the Settlement Agreement filed with the Court. Should you have any questions regarding your Claim Form, simply contact the Administrator toll free: () ### fill If. B. You may accept your share of the Settlement but disagree with the number of shifts that you worked at the IHOP Restaurant operated at 0 N. University Parkway, San Bernardino, CA 0, during the Settlement Period specified in your Claim Form. If you do not agree with the number of shifts specified in your Claim Form, you should fill out the attached Claim Form and return it to the Administrator by mail, overnight mail, , fax, OR personal delivery as noted above. You should also write on the Claim Form the number of shifts that you believe you worked at the IHOP Restaurant operated at 0 N. University Parkway, San Bernardino, CA 0 during the Page of QUESTIONS? CALL TOLL FREE - V.

15 Settlement Period. You should also send any supporting documents that you have (such as paystubs) to the Administrator. The Administrator will read the documents both you and Defendants provide and make the final determination of the amount of your settlement award. YOUR CLAIM FORM MUST BE SIGNED AND POSTMARKED/RECEIVED BY THE ADMINISTRATOR NO LATER THAN DATE (0 DAYS FROM MAILING OF THIS NOTICE) TO BE VALID. C. You may exclude yourself from (not participate in) the Settlement, in which case you will not be bound by the Settlement Agreement but will not receive any portion of the Settlement. If you want to be excluded from the Settlement (also referred to as "a Request for Exclusion"), you must mail a letter to the Administrator requesting exclusion. Your Request for Exclusion letter can be as simple as "I do not want to be a part of the settlement." To be considered timely, your Request for Exclusion letter must include your full name, mailing address, telephone number, your birth date (for identity verification purposes only), signature, and be mailed by First-Class U.S. Mail to the Administrator, postmarked no later than 0 days from mailing of the Notice. If you file a timely and valid Request for Exclusion, you will no longer be a member of the Settlement Class, and you will not receive any money from the Settlement, or be able to object to the terms of the Settlement. However, if you do timely submit a Request for Exclusion, you will not be bound by the terms of the Settlement Agreement and may pursue any claims you may have against Defendants at your own expense. If you submit both a Claim Form and a Request for Exclusion, the Request for Exclusion will be deemed invalid and you will be bound by, and have the right to participate in, the Settlement and receive a portion of the Settlement based on the number of shifts you worked during the Settlement Period. D. You may do nothing, in which case YOU WILL NOT RECEIVE YOUR SHARE OF THE SETTLEMENT, but you will continue to be a part of the Settlement Class and the waiver and release provisions in the Settlement Agreement will apply to you. The Settlement Agreement, if approved by the Court will bind all Settlement Class Members who: (i) submit a Claim Form; (ii) do not submit a timely Request for Exclusion; OR (iii) do nothing. E. If you sign and return a Claim Form to receive a payment, OR fail to timely return your Claim Form OR if you want to exclude yourself from the Settlement but fail to properly submit a Request for Exclusion, you will be bound by the judgment contemplated by this Settlement, and will have fully and completely released Defendants and the Released Parties from the Released Claims. Regardless of which option you choose. Defendants may not and will not retaliate against you for exercising your rights under the Settlement Agreement or the law. VII. WHAT ARE THE PROCEDURES FOR PAYMENT? A. Provided the Court grants final approval of the Settlement and the Effective Date of the Settlement is achieved as provided for in the Settlement Agreement, the Administrator will calculate your share of the settlement and issue you a check if you properly complete and timely return the enclosed Claim Form..% of your share of the Settlement will be considered wages from which ordinary tax withholdings will be deducted..% of your share will be considered interest and.% will be considered penalties for which no deductions will be made for payroll-related taxes. You will be given IRS tax forms 0 for these amounts. You are responsible for paying the correct amount of taxes on each portion of your share of the settlement. The entirety of the PAGA Penalty Allocation payable to Qualified Claimants shall be considered penalties for which no deductions will be made for payroll-related taxes and you are responsible for paying the correct amount of taxes on your share of the PAGA penalty allocation. Iv.l Page of QUESTIONS? CALL TOLL FREE -

16 B. It is important for the Administrator to have your current address in order to be able to send you other mailings regarding the Settlement. You should contact the Administrator to report any change of your address after you receive this Notice. Failing to report a change of address may result in you not receiving your share of the Settlement. VIII. HEARING ON PROPOSED SETTLEMENT A final fairness hearing will be held by the Court at a.m. on DATE, in Department S of the San Bernardino County Superior Court - Civil Division, located at W rd St, San Bernardino, CA, to decide whether or not the proposed Settlement is fair, reasonable and adequate. You do not have to attend the hearing. Counsel for the parties will answer any questions the judge may have. Any Class Member who does not submit a Request for Exclusion may, if the member so desires, appear personally or through counsel at their own expense. IX. PROCEDURES FOR OBJECTING TO SETTLEMENT If you do not request exclusion from the Settlement, but you feel that any of the terms of the Settlement are not fair, you may object to the Settlement before final approval by the Court. If you wish to object to the terms of the Settlement, a written objection setting must be filed by DATE with the Office of the Clerk of the San Bernardino County Superior Court, located at W rd St, San Bernardino, CA, with copies of the objection sent to at least one of the following attorneys: ATTORNEYS REPRESENTING THE SETTLEMENT CLASS OF HOURLY EMPLOYEES LAW OFFICE ROBERT SKRIPKO, JR., PC DENIS & RASI, PC Robert W. Skripko, Jr. Paul J. Denis - Ethan E. Rasi N. Broadway, "^ Floor N. Broadway, nd Floor Santa Ana, CA 0 Santa Ana, CA 0 Tel: () -00; Fax: () -0 Tel: () -; Fax: () -0 na/skripko@skripkolaw.com erasi@denisrasilaw.com - pdenis@denisrasilaw.com Web Site: Web Site: ATTORNEYS REPRESENTING DEFENDANTS SEYFARTH SHAW LLP Attn: Jill A. Porcaro, Elizabeth M. Levy 0 Century Park East, Suite 00 Los Angeles, California 00-0 Tel: (0) -00; Fax: (0) 0- To validly object to the Settlement Agreement, an objecting Settlement Class Member must provide the following information in the written objection: (i) the objecting Settlement Class Member's full name, current address, telephone number, and signature; (ii) the reasons for the Settlement Class Member's objections; (iii) whether the Settlement Class Member intends to appear at the Final Fairness Hearing with or without separate counsel; and (iv) if the Settlement Class Member intends to appear at the Final Fairness Hearing with separate counsel, the identities of all attorneys who will separately represent the Settlement Class Member. Iv.l Page of QUESTIONS? CALL TOLL FREE -

17 If you do not object in the manner described above, you will have given up and waived your right to object to the Settlement. If you file an objection, you do not have to come to Court to talk about it. As long as you have filed and served your written objection on time, the Court will consider it. You may also pay your own lawyer to attend the final approval hearing. X. EXAMINATION OF COURT PAPERS AND INQUIRIES This Notice summarizes the Settlement. You may view a complete copy of the Settlement Agreement and any of the papers filed in the Lawsuit at the Filing Department of the San Bernardino County Superior Court - Civil Division, located at W rd St, San Bernardino, CA. PLEASE DO NOT CALL THE COURT. If you have any questions or comments regarding this Notice, the claims asserted in this Class Action and/or your rights regarding the Settlement, you may contact the Attorneys representing the Settlement Class of Hourly Employees or the Administrator. PLEASE DO NOT TELEPHONE THE COURT OR THE OFFICE OF THE CLERK FOR INFORMATION REGARDING THIS SETTLEMENT OR CLAIM PROCESS! BY ORDER OF THE SAN BERNARDINO COUNTY SUPERIOR COURT V. I Page of QUESTIONS? CALL TOLL FREE -

18 Exhibit B

19 CLAIM FORM CLASS SETTLEMENT BETWEEN HOURLY NON-EXEMPT EMPLOYEES WHO WORKED AT THE INTERNATIONAL HOUSE OF PANCAKES RESTAURANT OPERATED AT 0 N. UNIVERSITY PARKWAY. SAN BERNARDINO. CALIFORNIA. BY DEFENDANTS. SAN BERNARDINO. INC. AND SIYAVOUSH SOLEIMANI (COLLECTIVELY "SB -SOLEIMANI"). AT ANY TIME DURING THE PERIOD OF FEBRUARY. 0 THROUGH JULY. 0 (/.E. THE DATE OF PRELIMINARY APPROVAL OF THIS PROPOSED CLASS ACTION SETTLEMENT). You have been identified as a class member in a class action lawsuit involving SAN BERNARDINO, INC. dba INTERNATIONAL HOUSE OF PANCAKES and SIYAVOUSH SOLEIMANI ("Defendants"). Along with this Claim Form, you are being sent the Notice of Class Action Settlement. Read the Notice carefully as it describes and affects your rights. The Notice Company ID «Name» «Address» «Address» «City»,«State» «Zip Code» Name/Address changes: (if any): INSTRUCTIONS FOR COMPLETING CLAIM FORM To receive your share of the proposed settlement, you must complete and sign this Claim Form and return it by U.S. MAIL, OVERNIGHT MAIL, OR PERSONAL DELIVERY to the court appointed Administrator: CRT Group, Inc. 0 Aston Street, Irvine, CA 0; OR BY FAX: --, OR BY UrseryvSB@cptgroup.com. You must return this Claim Form by [XXX]. Late Claim Forms will not be accepted. If you do not timely return the completed Claim Form, you will not be eligible to share in the settlement fund, but you will still be bound by the terms of the settlement unless you have requested to be excluded from (decided not to participate in) the Settlement by following the procedure specified in the Notice. Your settlement share has been calculated based on the following estimated number of shifts you worked at the International House of Pancakes restaurant operated at 0 N. University Parkway, San Bernardino, CA 0, at any time during the period of February, 0 through July, 0. Estimated Number of Shifts: Estimated Settlement Share: $ If you disagree with the estimated number of shifts attributed to you, you must sign and return this Claim Form, along with a letter, to the Administrator stating your disagreement and the estimated number of shifts you were employed at the International House of Pancakes restaurant operated at 0 N. University Parkway, San Bernardino, CA 0, at any time during the period of February, 0 through July, 0. Include any papenwork that supports your position. The Administrator's contact information is: The CPT Group, Inc., 0 Aston Street, Irvine, CA 0; Fax: --, UrseryvSB@cptgroup.com. You must return this Claim Form by [xxx]. Page of QUESTIONS? CALL TOLL FREE --XXX-XXXX "CRT Group, Inc. is not liable for illegible or incomplete fax transmissions. Please retain proof of fax for your records.

20 If you have any questions, please contact the Claims Administrator Toll Free at () ififlf IIII. ACKNOWLEDGMENT AND RELEASE OF CLAIMS: I declare that I have read the Notice of Class Action Settlement, agree to be bound to the Release and other terms of the settlement described in the Notice, am entitled to the settlement payment, and that no other person and/or entity has a claim to any settlement monies that I will receive. By signing this Claim Form, I agree to release Defendants, their respective past or present directors, agents, officers, shareholders, owners, operators, employees, insurers, attorneys, accountants, successors and assigns and their respective spouses, heirs, and beneficiaries, from the following: Any and all claims related to employment at the International House of Pancakes located at 0 N University Parkway, San Bernardino, CA 0-, at any time during the period of February, 0 through July, 0, related to or which could have been brought in the Class Action based on the allegations in the Complaint, the First Amended Complaint, the Second Amended Complaint, the letters mailed by on behalf of Plaintiffs to the Labor Workforce Development Agency containing allegations against Defendants pursuant to the Labor Code Private Attorney General Act ("PAGA") and the proposed amendment to the complaint to assert a class action. Such released claims include all claims arising out of or in connection with the claims and allegations in this Class Action related to employment at the International House of Pancakes located at 0 N University Parkway, San Bernardino, CA 0-, at any time during the period of February, 0 through July, 0, including, but not limited to, claims for unpaid minimum wages, unpaid overtime, overtime pay not paid at the regular rate, reporting time pay, standby pay, split shift pay, meal and rest break premium pay, improper wage statements, expense reimbursement, patronage, failure to indemnify expenses, unlawful deductions from tips and gratuities, failure to maintain accurate employee records (relating to hours worked and wages earned, gratuities earned and wage deductions), waiting time penalties, conversion, releases to obtain wages, claims brought pursuant to California Labor Code sections 0 etseq., 00, 0, 0., 0, 0, 0, 0., 0, 0,,,,., 0,,, 00, 0, 0, 0, 0, 0, 0,,,,.,,.,,.,.,,,,,., 0, claims for violation of the Business and Professions Code section 00 et al., claims for violation of the analogous provisions of the applicable Wage Order and claims brought for related penalties under PAGA. Date: Signature:. TO RECEIVE YOUR SHARE OF THE SETTLEMENT, YOU MUST ENTER ALL REQUESTED INFORMATION, SIGN AND RETURN THIS CLAIM FORM ON OR BEFORE DATE. Page of QUESTIONS? CALL TOLL FREE --XXX-XXXX *CPT Group, Inc. Is not liable for Illegible or Incomplete fax transmissions. Please retain proof of fax for your records.