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Patrick N. Keegan, Esq. (SBN 167698)KEEGAN & BAKER, LLP2292 Faraday Avenue, Suite 100Carlsbad, CA 92008Tel: (760) 929-9303Fax: (760) 929-9260

Patrick J.S. Nellies, Esq. (SBN 171254)ADVANTAGE LAW GROUP, APC5820 Oberlin Drive, Suite 110San Diego, CA 92121Tel (858) 622-9002Fax: (858) 622-9540

Attorneys for Plaintiffs and the Class

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF SAN DIEGO, NORTH COUNTY JUDICIAL DISTRICT

FRANCISCO FLORES, BRIANT ZAMORA, andALEXANDER WILLIAMS, on behalf of themselvesand all others similarly situated,

Plaintiff,

vs.

ALLIE’S PARTY EQUIPMENT RENTAL, INC., aCalifornia Corporation; BARRETT BUSINESSSERVICES, INC., a Maryland Corporation;MICHAEL B. NICHOLSON, an individual; andDOES 1through 500, inclusive;

Defendants.

Case No. 37-2017-00003817-CU-OE-NC

CLASS ACTIONAssigned to: Hon. Robert P. Dahlquist, Dept. N-29

NOTICE OF ENTRY OF ORDER GRANTINGPLAINTIFFS’ MOTION TO APPROVE THEFORM AND MANNER OF CLASS NOTICE

Date: April 19, 2019Time: 1:30 p.m.Place: Department N-29

TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:

NOTICE IS HEREBY given that on April 19, 2019, the Court entered an Order Granting Plaintiffs’

Motion to Approve the Form and Manner of Class Notice. A true and correct copy of the Order is attached

hereto as Exhibit A.

Dated: April 19, 2019 KEEGAN & BAKER, LLP

s/ Patrick N. Keegan Patrick N. Keegan, Esq.Attorney for Plaintiffs

Notice of Entry of Order Case No. 37-2017-00003817-CU-OE-NC1

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PROOF OF SERVICE

I, Stacy Johnson, declare that I am over the age of 18 years and am not a party to the case; I am

employed in the County of San Diego, California; and my business address is 2292 Faraday Avenue, Suite

100, Carlsbad, California 92008.

I caused to be served the following document(s): NOTICE OF ENTRY OF ORDER GRANTING

PLAINTIFFS’ MOTION TO APPROVE THE FORM AND MANNER OF CLASS NOTICE on the

interested parties listed below:

Cory J. Briggs, Esq.Anthony N. Kim, Esq.

BRIGGS LAW CORPORATION99 East “C” Street, Suite 111

Upland, CA 91786Telephone: (909) 949-7115 / Facsimile: (909) 949-7121

Attorneys for Defendants

# BY ELECTRONIC SERVICE: I transmitted the documents described above to One Legal forelectronic service on the parties listed above.

# (State) I declare under penalty of perjury under the laws of the State of California that the foregoingis true and correct.

Dated: April 19, 2019 s/ Stacy Johnson Stacy Johnson

Notice of Entry of Order Case No. 37-2017-00003817-CU-OE-NC2

Exhibit A

1 Patrick N. Keegan, Esq. (SBN 167698) KEEGAN & BAKER!, LLP

2 2292 Faraday Avenue, Suite 100 Carlsbad, CA 92008

3 Tel: (760) 929-9303 Fax: (760)929-9260

4 Patrick J.S. Nellies, Esq. (SBN 171254)

5 ADV ANT AGE LAW GROUP, APC 5820 Oberlin Drive, Suite 110

6 San Diego, CA 92121 Tel (858) 622-9002

7 Fax: (858) 622-9540 !> .~·,n " 8 Attorneys for Plaintiffs and the Class

APR 19 2019

.-By: T. Horak

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SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF SAN DIEGO, NORTH COUNTY JUDICIAL DISTRICT

11 FRANCISCO FLORES, BRIANT ZAMORA, and Case No. 37-2017-00003817-CU-OE-NC ALEXANDER WILUAMS, on behalf of themselves

12 and all others similarly situated, CLASS ACTION

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Jai:-1 --· -~ :; ~. /J

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Plaintiff,

vs.

ALLIE'S PARTY EQUIPMENT RENTAL, INC., a

Assigned to: Hon. Robert P . Dahlquist, Dept. N-29

[CR 2257 77 :lilll ORDER GRANTING PLAINTIFFS?, MOTION TO APPROVE THE FORM,AN".1) MANNER OF CLASS NOTIC)i:

California Corporation; BARRETT BUSINESS Date: April 19, 2019 SERVICES, INC., a Maryland Corporation; Time: 1 :30 p.m. MICHAEL B. NICHOLSON, an individual; and Place: Department N-29

17 DOES 1 through 500, inclusive;

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Defendants.

Appointed Class Representatives Plaintiffs Francisco Flores, Briant Zamora, and Alexander Williams

("Plaintiffs" or "Class Representatives"), having moved, pursuant to California Rules of Court, Rule 3. 7 66,

for an order approving the form and manner of providing notice of Class certification and opportunity to opt­

out/request exclusion from the Class ( defined infra); the Court having previously issued an order granting

Class Representatives' motion for class certification on February 15, 2019 by certifying a Class defined as,

All persons employed in a non-exempt capacity with Defendant Allie's Party Equipment Rental, Inc . in the state of California (the "Class") at anytime from January 31, 2013 through September 1, 2017 (the "Class Period"), (ROA#l 11);

and the Court having reviewed and considered the papers and the arguments made in support and in 27

28 opposition to such motion; and for good cause appearing thereon, the Court issues the following Order.

Order Approving Class Notice Case No. 37-2017-00003817-CU-OE-NC

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NOW, THEREf ORE, IT IS HEREBY ORDERED:

1. The Cowt hereby approves as to form and content the proposed notice of certification and

opportunity to opt-out ("Notice"), attached hereto as Exhibit 1. The Court finds that distribution of the

Settlement Class Notice, in the manner set forth in this Order, is reasonably calculated to apprise the Class

members, constitutes t?e best notice practicable under the circumstances, and constitutes valid, due and

sufficient notice to all J embers of the Settlement Class, complying fully with the requirements of California

Code of Civil Procedur~ section 382, California Rules of Court, Rules 3. 766, and any other applicable laws.

2.

3.

.. . ,f¢'' "("

The Court approves the selection of IL YM Group, Inc. to be the Notice Administrator.

No later than fifteen (15) days from the date of entry of this Order, Defendants shall provide

the Notice Administrator and Class Counsel with name, last known home address and telephone number

of each Class member i an Excel spreadsheet format ("Class Data"). The Notice Administrator shall use

the Class Data only for 'the purpose of providing notice to the Class.

4. The Notice Administrator is hereby authorized to supervise and administer the notice

procedures as more fully set forth bel~w:

(a) No later. @an thirty (30) days · from the date of entry of this Order, the :Nodce

Administrator shall cause a copy of the Notice, in substantially similar form .as attached hereto as Exhibit

1 in both English and Spanish, to be sent by U.S. first class mail to all members of the Class (the "Notice

Date"). Prior to such mailing, the Notice Administrator shall verify and filter the Class Data to eliminate

duplication against the United States Postal Service (USPS) and National Change of Address (NCOA)

database; and also eel ~nd valid~te with the Coding ~ccurac~ Support System (CA.SS) and ~~ack Your

Class (TYC) for zone delivery. With respect to any Notice that 1s returned to the Notice Admimstrator as

undeliverable, the Notice Administrator shall perform one skip-trace on returned mail and re-mail a Notice

to an updated address, and if such an address is obtained, shall resend the Notice to that updated address

within five (5) business days ofreceiving notice that a Notice was undeliverable;

(b) No later than fifteen (15) days from the Notice Date, the Notice Administrator shall

26 file by affidavit or declaration regarding the mailing of the Notice of to the Class; and

27 (c) No later than fifteen (15) days from the Exclusion Deadline Date, the Notice

28 Administrator shall file with the Court by affidavit or declaration and deliver to the counsel of record for

Order Approving Class Notice 2 Case No. 37-2017-00003817-CU-OE-NC

1 the parties copies of any opt-out/request for exclusions statements it received and a complete list of the

2 names of all members of the Class who have timely requested exclusion from the Class. The Notice

3 Administrator shall on a daily basis date stamp all original opt-out/requests for exclusion statements.

4 5. The notice shall provide that Class Members who wish to exclude themselves from the Class

5 must submit a written statement requesting exclusion from the Class no later than forty-five (45) days after

6 the Notice Date (the "Exclusion Deadline Date"). To be valid, such a written request for exclusion must

7 contain the Class member's (1) name; (2) address; (3) his or her date(s) of employment with Allie's Party ..... - ·"""'

8 Equipment Rental, Inc.; and (4) a signed, personally written statement that the Class member wishes to be

9 excluded from the Class. Any Class member who does not send request for exclusion by mail to the address

10 provided in the Notice postmarked on or before the Exclusion Deadline Date will be deemed to be a Class

11 member for all purposes, and the date of the postmark on the mailing envelope of the request for exclusion

12 shall be the exclusive means used to determine whether a request for exclusion has been timely submitted.

13 6. Class Counsel will advance the costs of notice to the Class, which is a recoverable cost to

14 the prevailing parties.

15 ~.,~ "'"' "'•· -•a-.saii •••-1111dia· ttlil!11r1111=,.2111ttliliis11mill@i111w111•111a11riiok11wi· iii tilil'slild.atr112111•Mniie:5!ii~'T:H..-a•l!!a•:llii!IIL1•:zl.1Wii1 •---•--s.-t~ 16

1 7 cQ lki i0 ••

18 IT IS SO ORDERED.

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Order Approving Class Notice

The Honorable Robert; P.Dqu{st Judge for the Superior Court for the State of California

3 Case No. 37-2017-00003817-CU-OE-NC

Exhibit I

SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SAN DIEGO

If you worked for Allie's Party Equipment Rental, Inc. at any period of time from January 31, 2013 to September 1, 2017, a class action lawsuit may affect your rights.

A court ordered this notice. This is not a solicitation from a lawyer.

Plaintiffs Francisco Flores, Briant Zamora, and Alexander Williams, former employees of Allie's Party Equipment Rental, Inc. have sued Defendants Allie's Party Equipment Rental, Inc., Barrett Business Services, Inc., and Michael B. Nicholson alleging various violations of the California Labor Code and Business and Professions Code. The Honorable Robert P. Dahlquist, Judge of the San Diego County ~uperior Court, presides over this case. The lawsuit is known as Flores, et al., v. Allie's Party Equipment Rental, Inc., et al., Case No. 37-2017-00003817-CU-OE-NC.

The Court has allowed the lawsuit to proceed as a class action on behalf of all persons employed in a non-exempt capacity with Allie's Party Equipment Rental, Inc. at any time from January 31, 2013 to September 1, 2017 ("Class Period"). You are getting this notice because Defendants' records show that you worked for Allie's Party Equipment Rental, Inc. during the Class Period. A class action is a lawsuit in which the claims and rights of many people may be decided in a single court proceeding. In a class action, one or more people, called Class Representatives, (in this case, Francisco Flores, Briant Zamora, and Alexander Williams), sue on behalf of a group of people ("Class Members") who have similar claims. One court resolves the issues for everyone in the class -- except for those

•:•pec,,ple: 'who choose to exclude themselves from the class (called "opting out").

• The sole purpose of this notice is to inform you of the lawsuit, so that you can make an informed decision about whether you wish to remain in, or exclude yourself from, this class action.

YOUR LEGAL RIGHTS AND OPTIONS IN THIS LAWSUIT

Do NOTHING

ASK TOBE EXCLUDED (OPT OUT)

Plaintiffs' Proposed Notice

Stay in this lawsuit. Await the outcome. Give up certain rights.

By doing nothing, you keep the possibility of gecting money or benefits that may come from a trial or a settlement But, you will give up any rights to sue Defendants on your own separately about the same legal claims in this lawsuit. Get out of this lawsuit. Get no potential benefits from it. Keep rights if you timely file your own lawsuit.

If you ask to be excluded ( opt out) and money is later awarded, you will not share in that. You also will not be bound by any judgment. You keep any rights to sue Defendants separately about the same legal claims in this lawsuit if you file your own lawsuit before the statute of limitations expires on your claims.

, Your options are further explained in this notice. To ask to be excluded (opt out), you must act before [Plaintiffs propose insertion of a date 45 days after mailing of the Notice] .

• The law prohibits retaliation against by Defendants for your decision to remain a Class Member or to exclude (opt out) yourself from the case.

,, The Court has not decided whether the claims have merit. Class Representative Plaintiffs must still prove the claims against Defendants at trial. There is no money available now, and no guarantee there will be any.

~ '1•~ ~ &S :'>

WHAT THIS NOTICE CONTAINS

BASIC INFORMATION ................................................... .. , .......................................................... 3 1. What is this lawsuit about? 2. Why is this lawsuit a class action? 3. What is Allie's Party Equipment Rental, Inc. 's Position?

GETTING MORE INFORMATION .................................................................... , ...................... 4 4. Where can I find more information about this case?

YOUR RIGHTS A.ND OPTJONS ............... ,. .• ~.,.: ......................................................... _o·•·•·•····5 r ..• , 5. How do I ~sk the Court to exciu'd~\~pt out) m~ from the Cias~?

THE LA WYERS REPRESENTING YOU ..................................................... ~., ••................ , ........... 5 6. Do I have a lawyer in this case? 7. Should I get my own lawyer? 8. How will the lawyers be paid?

FURTHER COURT PROCEEDINGS AND TRIAL ........................................ ~ ............................ 6 9. Has the Court decided who is right? 10. Do I have to come to the trial or other Court proceedings?

Plaintiffs' Proposed Notice

BASIC INFORMATION

The lawsuit is about the following key issues:

• Whether or not Defendants failed to authorize, permit, and/or provide required "off-duty" meal perio.ds be~;tJ)Se Allie; s Party Equipment Rental, Inc.' s meal break policy,, faile~L~Q comply with California law because it did not allow for one meal break per shift after' no more than 5 hours of work without authorization and Allie's Party Equipment Rental, Inc. failed to schedule when meal breaks were to be taken, it did not specify a second meal break should be taken after no more than 10 hours of work, and/or it automatically deducted 30 minutes from every shift worked;

• Whether or not Defendants failed to authorize, permit, and/or provide required "off-duty" rest periods Allie's Party Equipment Rental, Inc. 's rest break policy failed to comply with California law because it did not allow for a l 0-minute rest period every 4 hours or major fraction thereof without authorization and Allie's Party Equipment Rental, Inc. failed to schedule when rest breaks were to be taken, and/or it did not address the availability of a third rest break for shifts over 12hours;

;· '

• Whether or not Defendants violated California law by not providing drivers with properly itemized wage statements.

The lawsuit seeks to recover wages, premium pay, interest and penalties for the Class, as well as injunctive relief, due to missed meal and rest breaks, and Labor Code violations. The lawsuit also seeks to have Defendants pay Class Counsel's legal fees and costs incurred in the lawsuit.

Defendants deny that they have violated any law and contend that the claims against them have no merit.

2. Why is this lawsuit a class action'?

The Court decided that this lawsuit can be a class action and move towards a trial because there is a group of people sharing common claims.

More information about why the Court is allowing this lawsuit to be a class action is in the Court's Order certifying the class, which is available at the website www.[Llnk to . Dedicated Website].com, along with other important documents in the case, viewable free of charge.

3 Plaintiffs' Proposed Notice

Allie's Party Equipment Rental, Inc. denies Plaintiffs' claims. Allie's Party Equipment Rental, Inc. claims that it did not deny meal and rest breaks, that the wage statements it provides to its employees are accurate, and that its meal and rest period policy and wage statements _comply with California law. Allie's Party Equipment Rental, Inc. denies that any current or former employees are entitled to any wages, penalties, or other relief as a result of Plaintiffs' allegations .

. ~ t"'~, 7 • ~ "'~ .. ~ ,,.,,

GETTING MORE INFORMATION

(l) If you have any questions about this case, you may call or write Class Counsel in this case at the phone numbers or addresses listed below:

KEEGAN & BAKER LLP Patrick N. Keegan 2292 Faraday Avenue, Suite 100 Carlsbad, CA 92008 Tel: (760) 929-9303 Fax: (760) 929-9260 pkeegan@keeganbaker.com

ADVANTAGE LAW GROUP, APC Patrick J.S. Nellies 5820 Oberlin Drive, Suite 110 San Diego, CA 92121 Tel: (858) 622-9002 Fax: (858) 622-9540 pnellies@advantagelawgroup.com

(2) You may also visit the website www.[Link to Dedicated Website].com that has links to the notice and the most important documents in the case, viewable free of charge; and

(3) The papers filed in this Class action can be examined online on the San Diego County Superior Court's website. Go to www.sdcourt.ca.gov and click on "REGISTER OF ACTION" and enter case number "00003817", select "2017" in "year filed", and click, "Search." The documents filed in this Class action are listed as Register of Actions Entries and some may be available to view at a minimal charge. You can also see any document filed in the case by

4 Plaintiffs' Proposed Notice

requesting the file at the San Diego County Superior Court, North County Regional Center, 325 South Melrose Drive, Vista, CA 92081.

You may also call the administrator at 1-800-·~~~~[phone number of the Notice Administrator] toll free.

YOUR RIGHTS AND OPTIONS

If you wish to exclude yourself ( out opt) from the Class, you must submit a written statement requesting exclusion from the Class on or before [date] (the "Exclusion Deadline Date"). To be valid, such a written request for exclusion must contain your (1) name; (2) address; (3) your date(s) of employment with Allie's Party Equipment Rental, Inc.; and (4) a statement signed by you that you wish to be excluded from the Class. In addition, you must return a request for exclusion by mail to [address of the Notice Administrator] and the request for exclusion must be postmarked on or before the Exclusion Deadline Date to be valid. The date of the postmark on the return mailing envelope shall be the exclusive means used to determine whether a request for exclusion has been timely submitted .

• , ·, II... ,. . "t~~- . ,l ;:; THE LA WYERS REPRESENTING You '1'

The Court has appointed the following law firms as Class Counsel in this case: Keegan & Baker LLP of Carlsbad, CA, and Advantage Law Group of San Diego, CA. They are experienced in handling similar cases against other employers. More information about these law firms, their practices, and their lawyers' experience is available at ·www-.keeganbaker.com, and www.advantagelawgroup.com.

7. Should I get my own lawyer?

If you do not opt out from the case, you do not need to hire your own lawyer because Class Counsel is working on your behalf. You have the right to hire your own lawyer if you want someone other than Class Counsel to speak for you or appear in court on your behalf.

5 Plaintiffs' Proposed Notice

8. How will the lawyers be paid?

You do not have to pay any of the fees and expenses of Class Counsel. Instead. if Class Counsel gets money or benefits for the Class. they will ask the Court for an a\\·ard of fees and e:,;penses. If the Court grants Class Counsels' request, the fees and expe11ses awarded would be either deducted from any money obtained for the Class or paid separately by one or more Defendant.

FURTHER COURT PROCEEDINGS AND TRIAL

9. Has the Court decided who is right?

The Court has not yet decided the merits of this case. That will be decided at a later stage in the proceedings. In the event a trial is necessary, the trial will take place in the San Diego County Superior Court, North County Judicial District, in Department N-29, located at 325 South Melrose Dr., Vista, CA 92081. During the trial, a Jury or the Judge will hear all of the evidence to help them reach a decision about whether Plaintiffs or Defendants are right about the claims in the lawsuit.

10. Do I have to come to the trial or other Court proceedingsl

Trial has [not yet] been scheduled [for __ (Triat-Date)] in this Class action. Generally, Class t ·,· Members do not need to attend the trial. Class Counsel will present the case for £laintiffs, and

Defendants will present their defenses. You or your own laWyer 'are welcome to attend trial at your own expense. If individual participation is required, you will receive additional notice.

PLEASE DO NOT CONTACT THE COURT OR ALLIE'S PARTY EQUIPMENT RENTAL, INC. REGARDING THIS NOTICE.

Plaintiffs' Proposed Notice

DATE: [Date of Order Approving Notice]

The Honorable Robert P. Dahlquist Judge for the Superior Court for the State of California

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