On April 10, 2009, Plaintiff Angie Kubrom filed a Class Action Complaint contending that her and other California employees were owed overtime wages along with other derivative claims.
This plaintiff filed the lawsuit on behalf of herself and all others similarly situated who were employed by Union Bank in the State of California as Consumer Loan Associates or Loan Processors between April 10, 2005 and the present.
Plaintiff’s complaint included allegations that her former employer violated the California Labor Code due to its claimed:
1. Failure to pay overtime compensation;
2. Failure to provide meal periods;
3. Failure to provide rest periods;
4. Failure to furnish itemized statements;
5. Failure to pay wages upon ending employment;
6. Failure to pay wages twice monthly; and
7. Unlawful competition and business practices.
Defendant denies any liability or wrongdoing of any kind in connection with the claims alleged in the Action, and has asserted a number of factual and legal defenses. Ultimately the case settled after multiple settlement conferences with respected Judges. The Defendant has agreed to a Settlement to avoid the cost of proceeding with litigation. The Settlement does not constitute an admission of liability.
Ultimately a Motion for Preliminary Approval of the Class Action Settlement was granted on April 15, 2011 in the Orange County Superior Court.
If you worked as a Consumer Loan Associate or Loan Processor for Union Bank of California N.A. or Unionbancal Corporation (collectively "Union Bank") in California between April 10, 2005 and December 15, 2010 you are eligible to receive money from a Class Action Settlement.
The settlement:
Defendant agreed to pay up to a maximum of $230,000 (the “Maximum Settlement Consideration”) to resolve all claims that are asserted in the Action. Defendant also will pay the employer’s share of payroll taxes arising from payments to the Settlement Class.
The amount of your payment will be calculated by first determining the number of Shifts you worked as a Consumer Loan Associate or Loan Processor in any Union Bank located in California during the Class Period. The next step is to determine how many total Shifts were worked by all Settlement Class members during the Class Period. This total number of Shifts is then divided into the Net Settlement Consideration to determine the dollar value assigned to each Shift. Each Settlement Class member, upon submission of a timely and valid Claim Form, shall be entitled to receive an amount equal to the number of his or her Shifts multiplied by the dollar value assigned to each Shift.
Subject to the approval of the Superior Court set for August 11, 2011, Union Bank will commence the disbursement of the Settlement Payment, either directly or though payment to the Claims Administrator, to each Authorized Claimant by first class U.S. mail.
Your Options:
1. Remain A Member of the Class and Participate in the Settlement
If you want to participate in the Settlement, and receive your Settlement Monies (and you do not opt out of the class), you must complete and return a Claim Form to the Claims Administrator at address listed in the form by first class U.S. Mail postmarked no later than June 30, 2011.
2. Do Nothing
If you do nothing – that is, if you do not send a timely and properly completed Claim Form or you do not timely and properly request exclusion from the case – you will not be entitled to a share of the Settlement money. However, you will still be bound by the terms of the Settlement Agreement, including the release of claims, even though you did not receive any money or benefits from the Settlement. Thus, you will not have the right to pursue your own claims, if any, against Union Bank or other related entities or persons for the matters being settled in this case.
3. Object to the Settlement
If you are a class member who does not timely opt out of the class (i.e., timely ask to be excluded from the Class), you may object to the Settlement, personally or through an attorney, by timely filing your written objection with the Court and mailing a copy of your objection to Class Counsel and Defense Counsel at the below addresses and to the Claims Administrator. You may object to the Settlement even if you submit a claim, participate in the settlement and receive your portion of the settlement monies. All objections must be signed and should contain your address, telephone number, and the name of the case (Kubrom, et al v. Union Bank, et al). All objections must be filed with the Court. The Final Fairness and Approval Hearing (“Fairness Hearing”) is presently set for August 11, 2011. If you timely submit a written objection, you may appear, personally or through an attorney, at your own expense, at the Fairness Hearing to present your objection directly to the Court.
4. You May Opt Out of the Class (Ask To Be Excluded from the Class)
If you do not want to remain a member of the class, you may opt out of the class action settlement. You may opt out of the class by completing the Request for Exclusion from Class form, indicating that you wish to be excluded from the class action settlement in this case. You must then mail that request to be excluded from the class action settlement to the Claims Administrator at the address for Rust, postmarked no later than June 30, 2011. If you opt out of the class, you will no longer be a member of the class, and you will be barred from participating in this Settlement. You will not receive any Settlement monies if you opt out of the class. However, by opting out of the class action lawsuit, you will retain whatever rights or claims you may have, if any, against Union Bank, and you will be free to hire your own attorney to pursue those claims on an individual basis, or you may represent yourself, if you choose to do so.
Class Counsel Who represented Ms. Kubrom and the Class and are Seeking Fees and Costs at the Final Approval Hearing are:
Richard E. Quintilone II, Esq.
Michelle E. Harvey, Esq.
QUINTILONE & ASSOCIATES
22974 El Toro Road, Suite 100
Lake Forest, CA 92630-4961
Telephone: 949.458.9675
http://www.quintlaw.com/
Roger R. Carter, Esq.
Bianca A. Sofonio, Esq.
THE CARTER LAW FIRM
2030 Main Street, Suite 1300
Irvine, California 92614
Telephone: 949.260.4737
http://www.carterlawfirm.net/
For additional information on the hearing dates or to examine the file in the case you can go online to http://www.occourts.org/online-services/case-access/
PLEASE DO NOT TELEPHONE THE COURT OR THE OFFICE OF THE CLERK FOR INFORMATION REGARDING THIS SETTLEMENT OR THE CLAIM PROCESS
If you would like any additional information, would like a Claim Form sent and/or resent to you, or you would like to receive an exclusion from the Class, please contact the Court appointed Claims Administrator:
Union Bank Claims Administrator
c/o Rust Consulting, Inc.
PO Box 2396
Faribault, MN 55021-9096Phone 800.999.7940
http://www.rustconsulting.com/
PLEASE BE ADVISED THAT ALL CALIFORNIA EMPLOYERS ARE STRICTLY PROHIBITED FROM RETALIATING AGAINST EMPLOYEES FOR PARTICIPATING IN THIS CLASS ACTION SETTLEMENT.
If you feel that you or other workers have been subjected to retaliation or intimidation, please contact us or the California Department of Industrial Relations, Division of Labor Standards Enforcement immediately. See http://www.dir.ca.gov/dlse/
If you feel that you or other workers have been subjected to retaliation or intimidation, please contact us or the California Department of Industrial Relations, Division of Labor Standards Enforcement immediately. See http://www.dir.ca.gov/dlse/
