Hesami v. Community Bank

Frequently Asked Questions

  1. Why was the notice issued?
  2. What is the settlement about?
  3. How do I know if I am apart of the settlement?
  4. What if I am still not sure whether I am part of the settlement?
  5. What are the Terms of the Settlement?
  6. What if I Disagree with the Individual Workweeks listed in My Notice?
  7. How do I Opt Out of this Settlement?
  8. How do I Object to the Terms of the Settlement?
  9. How Much Will I Receive as a Settlement Class Member?
  10. When will the Final Approval Hearing be Held?
  11. Where Can I Find More Information?
  12. Louisville, KY 40233-4041
  1. Why was the notice issued?

    A proposed class action settlement (the “Settlement”) of the above-captioned action (the “Action”) has been reached by the parties and has been granted preliminary approval by the Court supervising the Action. On November 9, 2016, Plaintiff Saeed Hesami (“Plaintiff”) commenced the putative wage and hour class action and PAGA representative action (California Labor Code § 2698, et seq.), entitled Saeed Hesami v. Community Bank in the Superior Court of California, County of Los Angeles, Case No. BC640235.

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  2. What is the settlement about?

    Plaintiff alleges that Community Bank has a policy and practice of misclassifying Relationship Managers as exempt employees, amongst other claims. Plaintiff alleges that Community Bank violated the California Labor Code Sections 201, 202, 203, 204, 226(a), 226.7, 510, 512(a), 551, 552, 558, 1174(d), 1194, 1198, and 2802 and that these violations resulted in underpayment of wages to Class Members. Plaintiff seeks to maintain a class action on behalf of himself and all persons who have been employed or have been employed within the Class Period, or are currently employed as an exempt Relationship Manager. Plaintiff also seeks civil penalties pursuant to the Private Attorneys General Act (Cal. Labor Code Section 2698, et seq.) related to these claims.

    Community Bank denies any liability or wrongdoing of any kind in connection with Plaintiff’s claims, and contends that Class Members are and were properly classified and treated in compliance with California law. Consequently, Community Bank does not believe that any liability to Plaintiff or Class Members exists, or that Plaintiff or Class Members are entitled to any recovery.

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  3. How do I know if I am apart of the settlement?

    The Class id defined as All individuals who are currently employed by, or formerly have been employed by, Community Bank as exempt Relationship Managers (including the job positions of Relationship Manager I, Relationship Manager II, Relationship Manager Team Lead, Real Estate Relationship Manager, and Real Estate Senior Relationship Manager) in the State of California, during the time period November 9, 2012 through May 2, 2018.

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  4. What if I am still not sure whether I am part of the settlement?

    If you are not sure whether you are included you can call 1-800-403-2581 to speak with a live call center agent.

    

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  5. What are the Terms of the Settlement?

    Total Settlement Amount. Under the proposed Settlement, Community Bank has agreed to create a Settlement Fund in the amount of $500,000, which will cover, among other things, individual settlement payments to participating Class Members. The Total Settlement Amount is inclusive of: (i) the Partial Release Pre-Payment, (ii) the Net Settlement Amount, (iii) the service payment to Plaintiff as the Class Representative, (iv) reasonable attorneys’ fees to Class Counsel, (v) reimbursement of reasonable litigation costs and expenses of Class Counsel, (vi) payment to the Labor Workforce Development Agency (“LWDA”), and (vii) the Settlement Administrator’s fees and expenses. The Net Settlement Amount is detailed in the Notice of Settlement of Class Action Lawsuit, (the “Notice”) in Section III “Summary of Settlement Terms”.  A copy of the Notice can be found on this website on the Case Documents page.

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  6. What if I Disagree with the Individual Workweeks listed in My Notice?

    If you disagree with the Individual Workweeks listed in your Notice, you may challenge the number(s) by mailing a separate, written challenge which must include: (1) your name, address, telephone number and last four digits of your Social Security Number; (2) your signature; (3) an explanation of the number of Individual Workweeks that you contend is correct, along with supporting evidence, if any; and (4) the case number (BC640235). Your dispute must be postmarked by no later than November 26, 2018 or 15 calendar days after the re-mailing of the Notice Packet, whichever is later to the Settlement Administrator at the following address:

    Hesami v. Community Bank Settlement

    c/o KCC Class Action Services

    P.O. Box 404041

    Louisville, KY 40233-4041

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  7. How do I Opt Out of this Settlement?

    If you do not wish to participate in the Settlement of your claims, you may exclude yourself from the Settlement or “opt out.” If you opt out, you will receive no compensation from the Settlement, and you will not be bound by its terms. To opt out, you must complete, sign, and submit the Opt-Out Form to the Settlement Administrator postmarked no later than November 26, 2018 or 15 calendar days after the re-mailing of the Notice Packet, whichever is later. In the alternative, you may submit a separate written request for exclusion. The Opt-Out Form or the written request for exclusion: (1) must contain the name, address, and telephone number and the last four digits of the Social Security Number of the person requesting exclusion; (2) must be signed; (3) must be returned by mail to the Settlement Administrator; and (4) must be postmarked on or before the deadline described above. The date of the postmark on the return mailing envelope shall be the means used to determine whether an Opt-Out Form or written request for exclusion has been timely submitted. Class Members who fail to submit a valid and timely Opt-Out Form or written request for exclusion before the deadline shall be bound by the Settlement and its releases but will not be considered Settlement Class Members and will not receive settlement payments.

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  8. How do I Object to the Terms of the Settlement?

    If you are a Class Member who has not opted out and believe that the Settlement should not be finally approved by the Court for any reason, you may object to the proposed Settlement by written objection or at the Final Approval Hearing. Written objections must contain: (1) the objecting person’s full name and current address, (2) the person’s reasons for objecting, (3) any and all supporting papers (including, without limitation, all briefs, written evidence, and declarations), (4) whether the person has a legal representative and, if so, the legal representative’s contact information, and (5) whether the person intends to appear at the Final Approval Hearing. Written objections must state the name and number of the case, which is Hesami v. Community Bank, Superior Court of California, County of Los Angeles, Case No. BC640235, and must be mailed to the Settlement Administrator postmarked on or before November 26, 2018 at Hesami v. Community Bank Settlement, c/o KCC Class Action Services, P.O. Box 404041, Louisville, KY 40233-4041.


    If you wish to object and have the objection considered by the Court, you may also appear at the Final Approval Hearing scheduled for January 24, 2019 at 9 a.m., in Courtroom 17, Superior Court of California, County of Los Angeles, located at 312 N. Spring Street, Department 17, Los Angeles, California, 90012. You have the right to appear either in person or through your own attorney at this hearing. If you object to the Settlement, you will remain a member of the Class, and if the Court approves the Settlement, you will be bound by the terms of the Settlement in the same way as Class Members who do not object. Any Class Member who does not properly object shall have waived any objection to the Settlement, whether by appeal or otherwise.


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  9. How Much Will I Receive as a Settlement Class Member?

    Your estimated Individual Settlement Payment is listed in the Notice that was mailed to you in Section IV “Right to Compensation from the Settlement”.  If you need another Notice Packet mailed to you, then please call the Settlement Administrator at 1-800-403-2581.

    

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  10. When will the Final Approval Hearing be Held?

    The Final Approval Hearing on the adequacy, reasonableness and fairness of the Settlement will be held at 9:00 a.m. on February 26, 2019 in Courtroom 17, Superior Court of California, County of Los Angeles, located at 312 N. Spring Street, Los Angeles, California, 90012. You may attend the hearing and have the right to formally appear at the hearing either in person or through your own attorney (at your own expense).

    The hearing may be continued without further notice.

    

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  11. Where Can I Find More Information?

    The Notice is only a summary of the Action and the Settlement. Class Members should contact the Settlement Administrator with any concerns or questions regarding the Settlement:

    Hesami v. Community Bank Settlement

    c/o KCC Class Action Services

    P.O. Box 404041

    Louisville, KY 40233-4041

    Call Center Telephone No.: 1-800-403-2581

    When the final judgment is entered in this action, notice will be posted on this website at: www.lacommunitybankclassaction.com.

    Class Members may also contact Class Counsel for more information regarding the Settlement.

    Edward J. Wynne, Esq.

    WYNNE LAW FIRM

    Wood Island

    80 E. Sir Francis Drake Blvd., Ste. 3G

    Larkspur, CA 94939

    1-415-461-6400

    ewynne@wynnelawfirm.com

    You may also refer to the pleadings, the Joint Stipulation of Class Action and PAGA Settlement, and other papers filed and/or submitted in the Action, which may be inspected at the Office of the Clerk for the Superior Court of California, County of Los Angeles, Stanley Mosk Courthouse, located at 111 N. Hill Street, Los Angeles, California, 90012 during regular business hours of each court day.

    PLEASE DO NOT CONTACT THE CLERK OF THE COURT OR THE JUDGE WITH QUESTIONS.

    

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  12. Louisville, KY 40233-4041