SUPERIOR COURT OF CALIFORNIA COUNTY OF LOS ANGELES, CENTRAL CIVIL WEST ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

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1 MARLIN & SALTZMAN, LLP Stanley D. Saltzman (SBN Agoura Road, Suite 210 Agoura Hills, California Telephone: ( Facsimile: ( ssaltzman@marlinsaltzman.com Attorneys for Plaintiff and the Proposed Class SUPERIOR COURT OF CALIFORNIA COUNTY OF LOS ANGELES, CENTRAL CIVIL WEST SUNSHINE LLAMB, an individual, on behalf of herself and all others similarly situated, vs. Plaintiff, SFD FILMS, INC. dba SASSOON FILM DESIGNS; TIM SASSOON, an individual; and DOES 1 through 100, inclusive, Defendants. CASE NO: BC [Assigned to Hon. Elihu M. Berle, Judge, Dept. 323] CLASS ACTION DECLARATION OF STANLEY D. SALTZMAN IN SUPPORT OF MOTION FOR FINAL APPROVAL OF CLASS ACTION SETTLEMENT AND MOTION FOR ATTORNEYS FEES COSTS AND ENHANCEMENT AWARDS DATE: February 27, 2018 TIME: 9:00 a.m. DEPT: CCW Declaration of Stanley D. Saltzman ISO Motion for Preliminary Approval of Class Action Settlement

2 I, Stan Saltzman, Esq., declare as follows: 1. I am an attorney at law licensed to practice in the State of California. I am a founding Partner of Marlin & Saltzman, LLP, attorneys of record for Plaintiff. I make this Declaration in support of (1 Plaintiffs Motion for Approval of Attorneys Fees, Costs, and Incentive Awards in the above matter, as well as in support of (2 Plaintiffs Motion for Final Approval of Class Action Settlement. The Declaration will be filed separately in support of each motion. Unless otherwise indicated, I have personal knowledge of the facts set forth herein and could competently testify to them if called as a witness. 2. In relation to the previously granted motion for preliminary approval of the subject settlement, this declarant offered two full and complete declarations (Decl. of Stanley D. Saltzman ISO Motion For Preliminary Approval; Supplemental Decl. of Stanley D. Saltzman ISO Motion For Preliminary Approval setting forth both his personal experience and his firm s extensive experience and success in class action and employment litigation. In addition, said declarations also set forth in great detail the procedural history of the case, the law and motion matters, and the overall litigation history of this long-standing action, which has now encompassed almost three and one half years since filing. The Supplemental declaration also included a thorough Kullar explanation of the settlement and its relative value compared to the full value of the claims, in light of the litigation risks faced. Rather than repeat all this information at length herein the undersigned respectfully refers this Court to the prior Saltzman declarations. 3. Briefly summarizing the firm s and my background, the undersigned graduated initially from the University of Montreal School of Law with a Bachelor of Civil Laws degree in 1977 (a French language law school in Montreal, after which I then moved to Los Angeles and then graduated from the Southwestern University School of Law in 1979, at which time I was admitted to the California Bar. I have been practicing litigation for more than thirty-eight years, and co-founded the firm of Marlin & Saltzman back in Throughout my practice, I have specialized in a variety of complex multi-party cases, of all nature and kind, have tried many cases to verdict, and for the last twenty years have specialized in plaintiffs side contingency class actions, including employment class actions, unfair competition and deceptive business practice cases, and numerous consumer class actions against product 2 Declaration of Stanley D. Saltzman ISO Motion for Preliminary Approval of Class Action Settlement

3 manufacturers and retailers. Over the course of my practice, I have acted as lead or co-lead counsel in five (5 class action trials brought to verdict. 4. Marlin & Saltzman is a seven lawyer firm, handling only contingency litigation cases on behalf of those whose cases we agree to take on. Since its founding in 1985, the firm has represented plaintiffs in a broad spectrum of class actions, in the fields noted above. The firm, and I personally, have been appointed as lead counsel or co-lead counsel on dozens of occasions, and we litigate vigorously on behalf of the clients and the classes that we represent. A further view of our firm can be had at our firm website, at 5. Plaintiff Sunshine Llamb ( Llamb filed a putative class action on August 29, 2014, against Defendants SFD Films, Inc., dba Sassoon Film Designs and Tim Sassoon, and individual, in the Superior Court of California for the County of Los Angeles, Case No. BC Llamb filed a First Amended Complaint on June 5, The First Amended Complaint alleged seven causes of action: (1 failure to pay overtime; (2 failure to provide meal breaks; (3 failure to provide rest breaks; (4 failure to provide accurate itemized wage statements; (5 failure to pay all earned wages upon separation of employment; (6 unfair business practices; and (7 civil penalties under PAGA (not pursued plaintiff outside the statute. Llamb sought to represent a class of all current and former nonexempt employees of Defendants at any time between August 29, 2010 and the present. 6. As set forth in the concurrently filed motions, the Parties have aggressively litigated this action for approximately 3.5 years. Defendant produced, and plaintiffs analyzed, several thousand documents comprising company policies, plans, procedures, financial records, and employment records. Plaintiff s counsel also took the Deposition of Defendant Tim Sassoon. 7. Defendant also produced the full list of all employees during the class period, and Class Counsel conducted several in-depth interviews with class members who were guided to them by the Representative Plaintiff, in order to seek to validate the merits of the case as indicated in the initial interviews of the Representative Plaintiff. 8. Following Class discovery, Plaintiff began drafting and nearly completed, but for the onset of settlement negotiations, Plaintiff s Motion for Class Certification. 9. For the many reasons addressed in support of preliminary approval, and for the additional 3 Declaration of Stanley D. Saltzman ISO Motion for Preliminary Approval of Class Action Settlement

4 reasons described herein, and based on my thirty eight (38 years maintaining an active litigation practice, I believe that plaintiffs have prosecuted this case both effectively and indeed passionately throughout its existence. As stated in the preliminary approval process, and as re-stated now, I continue to believe that the Settlement is fair, reasonable and adequate, and that the Settlement sensibly accounts for the risks and benefits of potential further litigation (i.e., the risks that Plaintiffs could lose at trial on liability issues and/or damages issues, the risks of class certification, adverse summary adjudications, and likely appeals, delays, the risk that Defendants would not remain solvent resulting in a potential paper judgment, etc As discussed in the current motions, and my previous Supplemental Declaration in support of preliminary approval, this class action certainly presented a degree of risk. Class Counsel and the Class could have recovered little or nothing should Class Counsel not succeed in winning a hardfought class certification ruling. Class Counsel also faced other highly contingent risks to recovering fees, including the risks of loss on summary judgment, a motion for decertification, and/or trial. 11. Given the uncertainty and expense of continued litigation in light of these risks, I believe that the Settlement represents an exemplary recovery for the claims presented by the class. 12. The settlement agreement contemplates that Class Counsel may seek an award of fees not to exceed 33 1/3% of the GSA as the Fee Award, plus reimbursement of reasonable and actual expenses not to exceed $10, The 1/3 amount would total $91, Here, Class Counsel has made the decision to actually seek less than the total amount allowable pursuant to the settlement; reducing the amount sought to $68, (one-quarter, as opposed to the previously contemplated one-third, of the total settlement. 14. In relation to this pending matter, Marlin & Saltzman has invested, on a wholly contingent basis, hours of legal work. Collectively, our firm s lodestar on this case is $151,778.00, based on our current hourly rates, which are consistent with prevailing market rates in the relevant community for attorneys of comparable skill, experience and qualifications. Our firm s detailed billing records for this action are attached hereto as Exhibit A and a firm-wide summary of hours and fees billed has been attached hereto as Exhibit B. The attorneys fees sought represent only 45% of the total lodestar incurred, thus, counsel is asking for no multiplier. 4 Declaration of Stanley D. Saltzman ISO Motion for Preliminary Approval of Class Action Settlement

5 When handling any class action case it is inevitable that our firm has had to pass on other cases we may have been able to take on, due to basic limitations on attorney time available. Even today, in our 24 hour/7 day per week world, there are limits and they must be respected. Thus, other cases which we might have taken on, but could not due to the requirements of this case, have resulted in numerous situations where we simply have lost out on potential income generating work. In addition, despite our best efforts, there is simply a percentage of our class actions cases where we recover absolutely nothing for our fees and costs incurred, usually due to a denial of class certification, which is often the death-knell for such cases. Thus, while contingency fee awards may reach one-third or more of the settlement fund in many complex employment class actions, especially when taking into account these very real contingency risks and litigation risks, a number of cases actually result in total losses of time and money spent. Accordingly, the much lower 25% contingency fee sought here is more than fair and reasonable and represents a substantial benefit to the class. 16. Counsel has further incurred costs in this matter in the amount of $5, Attached hereto as Exhibit C is a Chart of all Plaintiff s Counsel s Costs. 17. These costs reflect the type of expenses typically billed by attorneys to their paying clients in the marketplace, and include such costs as the above noted payments for filing fees and complex action fees, court reporter services, plus copy and messenger fees as needed. The costs incurred in prosecuting this case are reflected in our firm records, prepared from expense vouchers and check records. 18. As a lead partner at Marlin & Saltzman, sole counsel for the case, I was able to observe my firm s involvement in all major facets of the litigation throughout the entirety of this action. We actively investigated the claims on behalf of the class, conducted written discovery, deposed the defendant, communicated with Class members, and prepared a draft of the certification motion. In addition, I participated in all the settlement negotiations which occurred throughout the case. 19. I believe that at all times Marlin & Saltzman made good-faith efforts to avoid duplication of efforts between its attorneys. 20. The named plaintiff, Sunshine Llamb, was at all times responsive to Class Counsel s needs in prosecuting this litigation and she thoughtfully fulfilled her duties as Class Representative. We 5 Declaration of Stanley D. Saltzman ISO Motion for Preliminary Approval of Class Action Settlement

6 could not have achieved the success that we did here without her help. 21. The requested incentive award is well within reason and Final Settlement Class Members were advised via the mailed Settlement Notices that the requested incentive award would be requested at the Final Approval Hearing, and that they could object to the same. No objections to this request, or to the fee and cost requests, were lodged by any Class Members. As such, we request that the incentive award be approved for Sunshine Llamb, who truly put herself out for the benefit of the class in this case. I declare under penalty of perjury, pursuant to the laws of the State of California, that the forgoing is true and correct and to the best of my personal knowledge. This declaration is executed on January 12, 2018, at Agoura Hills, California Stanley D. Saltzman, Esquire Declaration of Stanley D. Saltzman ISO Motion for Preliminary Approval of Class Action Settlement

7 EXHIBIT A to Declaration of Stanley D. Saltzman

8 Llamb et al v. SFD Films, Inc. et al MARLIN SALTZMAN ATTORNEY TIME DETAIL DATE USER DESCRIPTION Hours 06/27/2014 Adrian Bacon Phone call w/ potential client re possible case against Sassoon Film re non-payment of OT /30/2014 Adrian Bacon Memo to partner Christina Humphrey re new potential case against Sassoon Film re non-payment of OT /30/2014 Adrian Bacon Factual research on Sassoon Film Design for potential case /30/2014 Adrian Bacon s w/ firm re potential new case /01/2014 Adrian Bacon s w/ partners re potential Sassoon Film case /02/2014 Adrian Bacon Phone call w/ potential client Sunshine Llamb re Sassoon Film case /03/2014 Adrian Bacon s w/ firm re potential Sassoon Film Case /04/2014 Adrian Bacon Review/revise retainer agreement for potential new client in Sassoon Film case /05/2014 Adrian Bacon Extensive phone interview with potential client Kristina Hansen - Sassoon Film potential case /03/2014 Adrian Bacon Sassoon Film - Review/revise retainer agreements for new clients /04/2014 Adrian Bacon Sassoon Film - s w/ new clients re retainer agreements /07/2014 Adrian Bacon s w/ firm re new potential case - Sassoon Film 0.20 Adrian Bacon s w/ client Sunshine Llamb re Sassoon FIlm & retainer agreement /07/2014 Adrian Bacon Sassoon Film - s w/ firm re new case 0.20 Adrian Bacon Sassoon - Research on wage order exemptions /11/2014 Adrian Bacon Case file review /16/2014 Jeannine Hawkes Research Sassoon Film Design, the corporate structure, employee head count and sales dollars. Prepare memorandum to ARB with printouts of research regarding SFD Films, Inc. and Sassoon Film Design Adrian Bacon Review case file; research company for drafting of complaint 0.30 Thorough review of memo and attached materials for initial case review and filing of complaint Adrian Bacon 07/21/2014 Adrian Bacon Review case file; prep for draft of complaint /28/2014 Adrian Bacon Phone call w/ Sunshine Llamb re investigation for complaint 0.50 Adrian Bacon Draft complaint /29/2014 Adrian Bacon Draft complaint /30/2014 Adrian Bacon Draft complaint /29/2014 Marissa Oxman Familiarized myself with the case file /05/2014 Marissa Oxman Spoke with client and LMM re case dismissal; spoke with support staff re additional case research; began drafting status conference statement 1.80 Jeannine Hawkes Additional research regarding Jenn Bastian and her association with Tim Sassoon. Research address of 614 Hampton Drive, Venice, CA /08/2014 Marissa Oxman Completed drfat of initial status conference report /09/2014 Marissa Oxman Revise and supervise filing of status conference statment; confer with support staff re search for service location for Defendants /11/2014 Jeannine Hawkes Prepare summons and complaint, and other class action documents for service and to Janney & Janney Marissa Oxman Drafted for LMM re status of service research; supervised service arragement /16/2014 Marissa Oxman Researched status of service and legal requirements in preparation for status conference /17/2014 Marissa Oxman Researched service requirements and telephonically appeared at status conference /09/2015 Marissa Oxman Prepared for call with and attempted to contact defense counsel 0.40 Marissa Oxman Investigated status of service and reciept of proofs of service /12/2015 Marissa Oxman Spoke to client re commication with Defendant /13/2015 Marissa Oxman Spoke to client re contact from Defendant; called Defendant in an attempt to re-direct contact /14/2015 Marissa Oxman Spoke to client re contact with Defendant and spoke with Defendant re possibility of settlement /19/2015 Marissa Oxman conference with LMM re Tim Sassoon's desire to settle of 4

9 Llamb et al v. SFD Films, Inc. et al MARLIN SALTZMAN ATTORNEY TIME DETAIL 01/20/2015 Marissa Oxman Spoke with Tim Sassoon re information required for settlement discussions; memorialized conversation in and ; called client re discussion /27/2015 Marissa Oxman Confirmed document reciept from Defendants and discussed default with LMM /28/2015 Marissa Oxman Researched Defendants' request for agreement not to seek default; discussed request with LMM; and responded to Defendant /30/2015 Marissa Oxman Spoke with client and two class members who wanted information/update on case status /02/2015 Marissa Oxman Reviewed documents produced by Tim Sassoon 1.70 Marissa Oxman Spoke with potential class member re lawsuit /03/2015 Marissa Oxman Continued reviewing documents defendnat produced; researched applicable claims; began drafting memo with summary of production and its deficiencies 4.40 Marissa Oxman Spoke with portential class member re lawsuit /04/2015 Marissa Oxman Discussed filing of default with support staff /10/2015 Marissa Oxman Spoke with class member who wanted information regarding the lawsuit /18/2015 Marissa Oxman Continued drafting doc review memo and contacted the client re communications with potential class members /19/2015 Marissa Oxman Conferred with LMM re CMS; Completed draft of CMS and sent to LMM for review; completed draft of discovery memo and sent to LMM for review; /25/2015 Marissa Oxman Spoke with SPO and Defendant re Joint Status Conference Report and informal production of documents; revides joint report and provided it to Defendant /26/2015 Marissa Oxman Spoke to newly retained defense counsel re upcoming status conference; reviewed and signed stipulation to continue the same /03/2015 Marissa Oxman Entered contact information for opposing counsel /04/2015 Marissa Oxman Checked on status conference continuance and supervised sending of notice /30/2015 Marissa Oxman Spoke to putative class member re status of case /31/2015 Marissa Oxman Contacted defense counsel re production of document in support or settlment negotiations and drafted re the same /09/2015 Marissa Oxman Spoke with Defense counsel re settlement negotiations, documents produced in support of the same, and further document requests /13/2015 Marissa Oxman Forwarded s re informal production agreement to oposing counsel and drafted memorializing 4/9 teleconference /14/2015 Hanna B. Raanan Review case file; prepare joint status conference statement; s to and from T. Vidal regarding same; instructions re: filing of joint status conference statement /22/2015 David C. Leimbach travel to and from LA; prepare for and attend status/scheduling conference, additional M&C with OC; draft summary to HR and LMM /03/2015 Hanna B. Raanan Analyze case status; prepare first amended complaint 1.50 Hanna B. Raanan Research regarding proposed orders on case anywhere service 1.00 Hanna B. Raanan Review schedule ordered by court at last hearing /19/2015 Hanna B. Raanan Prepare notice of status conference and deadlines 0.40 Hanna B. Raanan Confer with J. Hawkes re: Case Anywhere services, and filing issues /30/2015 Hanna B. Raanan s to and from T. Vidal and K. Schulz re: defendants answer to FAC /25/2015 Leslie H. Joyner draft stipulation /03/2015 Leslie H. Joyner putative class mmeber interview mercedes Paulino /06/2016 Stanley D. Saltzman Prepare final draft of long form agreement to settle the case /29/2016 Leslie H. Joyner Draft Ex Parte Application and related documents 2.50 Leslie H. Joyner prepare demand letter /30/2016 Leslie H. Joyner Draft Ex Parte and related documents /01/2016 Leslie H. Joyner draft ex parte and related documents /02/2016 Leslie H. Joyner Finilaize ex parte for filing 1.00 Leslie H. Joyner draft RFPs, SROGs and PMK notice of 4

10 07/11/2016 Stanley D. Saltzman 07/12/2016 Stanley D. Saltzman 07/14/2016 Stanley D. Saltzman Llamb et al v. SFD Films, Inc. et al MARLIN SALTZMAN ATTORNEY TIME DETAIL Review of documents produced in discovery Review of documents produced in discovery Deposition Preparation and review of documents produced in discovery Deposition Preparation and review of documents produced in discovery 07/15/2016 Stanley D. Saltzman 3.20 Full Day Deposition of Defendant Sassoon, including extensive break to begin settlement discussions. 07/18/2016 Stanley D. Saltzman /21/2016 Stanley D. Saltzman Prepare outline of Certification Motion issues to pursue in light of Defendant's testimony at deposition /22/2016 Stanley D. Saltzman Commence drafting of certification motion /26/2016 Stanley D. Saltzman Continue drafting of cert motion, and begin to outline declaration of counsel in support thereof /28/2016 Stanley D. Saltzman Telecons with defense counsel re ongoing settlement discussions and re moving current deadline to file for certification /29/2016 Stanley D. Saltzman Prepare draft stipulation and order to move pending deadlines to allow for further settlement talks /01/2016 Stanley D. Saltzman Agree upon stip to move deadlines and submit the same to the Court /02/2016 Stanley D. Saltzman Receipt and review of transcript of Sassoon deposition, to fill in sections of the draft cert motion /04/2016 Stanley D. Saltzman Several calls with defense counsel regarding settlement issues, and how to resolve the case /09/2016 Stanley D. Saltzman Week of ongoing discussions and negotiations about settlement, and finally agree to terms /19/2016 Stanley D. Saltzman Prepare joint stip re settlement to submit to the court, and to vacate all dates /12/2016 Stanley D. Saltzman Work on draft settlement agreement. (partial /25/2016 Stanley D. Saltzman Continue work on drafting long form settlement agreement /10/2017 Stanley D. Saltzman Draft proposed Notice of Settlement to disseminate to the class members Draft Settlement Agreement 01/17/2017 Stanley D. Saltzman 3.80 Draft Prelim Approval Motion; Declaration; Proposed Order 01/25/2017 Stanley D. Saltzman 5.40 Draft Prelim Approval Motion; Declaration; Proposed Order 01/26/2017 Stanley D. Saltzman 3.60 Draft Prelim Approval Motion; Declaration; Proposed Order 01/27/2017 Stanley D. Saltzman 6.60 Review edits to settlement agreement made by Defense Counsel 01/30/2017 Stanley D. Saltzman 1.20 Draft Prelim Approval Motion; Declaration; Proposed Order Stanley D. Saltzman 7.10 Drafting and filing Notice of Motion and Motion for Preliminary Approval; Declaration; Proposed Order 01/31/2017 Stanley D. Saltzman 6.30 Preparation re Preliminary approval hearing 03/01/2017 Stanley D. Saltzman 4.10 Preliminary approval hearing 03/02/2017 Stanley D. Saltzman 5.00 Draft supplemental Khullar declaration iso preliminary approval 03/08/2017 Stanley D. Saltzman 4.70 Preparation re Preliminary approval hearing 05/07/2017 Stanley D. Saltzman 3.00 Preliminary approval hearing 05/08/2017 Stanley D. Saltzman of 4

11 Llamb et al v. SFD Films, Inc. et al MARLIN SALTZMAN ATTORNEY TIME DETAIL Review, redline changes, and lodging re Amended class notice 05/09/2017 Stanley D. Saltzman 1.60 Review, redline changes, and lodging re Amended class notice Stanley D. Saltzman 1.60 Prepare Plaintiff's statement re Final Approval Hearing 09/06/2017 Stanley D. Saltzman 1.10 Draft Joint Status Report Re Approval 10/05/2017 Stanley D. Saltzman 1.30 Updated Status Report re Approval 10/19/2017 Stanley D. Saltzman 1.50 prep and status conference osc re sanctions and/orcontempt 10/26/2017 Stanley D. Saltzman 5.00 Draft Final Approval Motion; Declaration; etc. 01/09/2018 Stanley D. Saltzman 5.30 Draft Final Approval Motion; Declaration; etc. 01/10/2018 Stanley D. Saltzman 4.50 Draft Final Approval Motion; Declaration; etc. 01/11/2018 Stanley D. Saltzman /12/2018 Stanley D. Saltzman Work on final drafts of the motions for final approval and for fees, costs and incentive award. Review and edit and approve declaration of Settlement Administrator Stanley D. Saltzman 0.00 Cody R. Kennedy Draft declarations in support of the final approval motions; and review and edit final draft motions TOTAL: of 4

12 EXHIBIT B to Declaration of Stanley D. Saltzman

13 Llamb et al v. SFD Films, Inc. et al MARLIN SALTZMAN ATTORNEY TIME DETAIL ATTORNEY FEE SUMMARY Name Position Hours Rate Total Stanley D. Saltzman Partner $ $110, Marissa Oxman Associate 30.3 $ $14, Adrian Bacon Associate 18.2 $ $8, Leslie H. Joyner Associate 17.8 $ $9, David C. Leimbach Associate 6 $ $3, Hanna B. Raanan Associate 4.9 $ $2, Cody R. Kennedy Associate 4 $ $1, Jeannine Hawkes Paralegal 2.8 $ $ TOTAL: $151, of 1

14 EXHIBIT C to Declaration of Stanley D. Saltzman

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20 PROOF OF SERVICE Llamb v. SFD Films, Inc. dba Sassoon Film Designs, et al. STATE OF CALIFORNIA, COUNTY OF LOS ANGELES; I am employed in the County of Los Angeles, State of California. I am over the age of 18 and not a party to the within action; my business address is Agoura Road, Suite 210, Agoura Hills, California, On January 12, 2018, I served the document(s listed below: DECLARATION OF STANLEY D. SALTZMAN IN SUPPORT OF MOTION FOR FINAL APPROVAL OF CLASS ACTION SETTLEMENT AND MOTION FOR ATTORNEYS FEES COSTS AND ENHANCEMENT AWARDS Pursuant to the Court s June 11, 2015 Order Authorizing Electronic Service, the above-named documents have been electronically served on counsel of record by transmission through the Case Anywhere system on the date below. The transmission of these documents to the Case Anywhere system was reported as complete and a copy of the Case Anywhere Transaction Receipt will be maintained along with the original document(s and proof of service in our office. I declare under penalty of perjury, under the laws of the State of California that the foregoing is true and correct. Executed on January 12, 2018, at Agoura Hills, California Sandy Laranjo Declaration of Stanley D. Saltzman ISO Motion for Preliminary Approval of Class Action Settlement