Claims Update 8.04.14

The claims administrator Simpluris has provided us an update and here are the latest reports:

 

Case Milestones

Total Class Members : 2,212

Preliminary Approval Hearing May 15, 2014

Notification Mailing July 2, 2014

Claim Deadline September 2, 2014

Objection Deadline September 2, 2014

Final Approval Hearing October 29, 2014

 

Response Summary

Claim Form  - Total  - Rates

Valid  - 773 - 34.94%

Invalid - 0  - 0%

Pending - 23 - 1.03%

Late - 0 - 0%

Deficient - 8  - 0.36%

Dispute - 15 - 0.67%

Total Submitted - 796 - 35.98%

Total Responses Submitted 796 35.98%

 

Mailing Details

  • Mailed 2,212
  • Returned 228
  • Returned 40
  • Remailed 218
  • Undeliverable 218

 

Remember if you do not have a claim form or dispute a form you received, please contact:

 

Case Manager Name : Jean Marie Moses, 800.779.2104 / Fax - 714.824.8591

Case Manager Email : This email address is being protected from spambots. You need JavaScript enabled to view it.

 

Any other questions, please contact Rich Quintilone II, Esq. at This email address is being protected from spambots. You need JavaScript enabled to view it.

 

UPDATE - On May 12, 2014, the Honorable Kim G. Dunning of the Superior Court of the State of California, for the County of Orange granted preliminary approval of the Felix v. Auto Club class action settlement and ordered the litigants to notify all Class Members of the settlement.  You will receive a notice if Automobile Club of Southern California’s (“Auto Club”)records indicate that you are a Class Member, and therefore may be entitled to a payment from the settlement.

To participate in the settlement and to receive your payment, you must mail or fax a Claim Form to the Claims Administrator. If you fail to postmark by first class mail or fax a Claim Form you will not receive a payment from the settlement, but you will be bound by its terms. 

If you were not noticed and believe you should be, please contact us at This email address is being protected from spambots. You need JavaScript enabled to view it..

 

Summary

Richard E. Quintilone II, Esq. of Quintilone & Associates and co-counsel from multiple firms certified a class action case of more than 2,200 non-exempt employees of the Automobile Club of Southern California after two days of argument in front of the Hon. Kim G. Dunning in the Orange County Superior Court’s Complex Civil Department on December 6, 2011. By way of Court Order dated February 6, 2012, the Court confirmed the matter could proceed as a class action and that Notice should issue to the current and former Direct Sales Agents and Insurance Agents.  If you fall into one of those two categories and have questions about the case please contact Richard E. Quintilone II, Esq. at This email address is being protected from spambots. You need JavaScript enabled to view it. or Fernando Guzman (habla espanol) This email address is being protected from spambots. You need JavaScript enabled to view it. via Quintilone & Associates online or via phone 949.458.9675 or fax 949.458.9679.

The Automobile Club of Southern California (“Defendant”) employed Plaintiff Tinisha Felix as a Direct Sales Agent from June 2004 through June 2007 at Defendant’s Costa Mesa office.   Defendant employed Plaintiff Victor Cintron as an Insurance Agent, a non-exempt or hourly paid position, on or about June 1998 to on or about April 2007, at Defendant’s San Bernardino County, California business location.

Plaintiffs allege that, during their employment, Defendant failed to pay overtime, in violation of California Labor Code §§ 510 and 1198; did not correctly provide meal periods or pay meal period premiums, in violation of California Labor Code §§ 226.7 and 512(a); did not allow employees to take all rest breaks or pay rest break premiums, in violation of California Labor Code § 226.7; did not timely pay all wages upon termination of employment, in violation of California Labor Code §§ 201 and 202; did not timely pay all wages during employment, in violation of California Labor Code § 204; and, failed to indemnify incurred business expenses, in violation of California Labor Code §§ 2800 and 2802.  In addition, Plaintiff alleges that this misconduct constitutes unfair business practices, in violation of California Business & Professions Code §§ 17200, et seq.

 

Procedural Status

Plaintiff Tinisha Felix filed her Complaint on November 29, 2007.  The case was removed on January 7, 2008, and the Complaint was amended on March 14, 2008.  An Answer to the First Amended Complaint was filed on April 3, 2008.  Shortly thereafter, a Motion to remand the action back to the Orange County Superior Court was granted on April 23, 2008.  Plaintiff Victor Cintron filed his Complaint on March 25, 2009.  Defendant filed its Answer on or about June 26, 2009.

At the August 25, 2009 Initial Status Conference, the Court was informed of Cintron v. Automobile Club of Southern California and Felix v Automobile Club of Southern California, being related actions.  The Court recommended that the parties submit a stipulation to consolidate the Cintron matter with the Felix matter for purposes of determining any motion for class certification and more efficient case management.  Counsel for Defendant filed the parties’ stipulation in late September 2009, and on December 14, 2009, the Court entered an Order consolidating the actions and deeming the Felix matter the lead case.

 

Motions

Plaintiffs filed their Motion for Class Certification on May 12, 2011.  Defendants opposed and the Court held two days of hearings in November and December 2011 and ultimately certified the class on December 6, 2012 via an Order signed February 6, 2012.  As the merits phase of the litigation will start as soon as the class is notified, class members or those interested in a copy of the Order are encouraged to contact Quintilone & Associates via the web http://www.quintlaw.com/, phone 949.458.9675 or fax 949.458.9679 or mail, 22974 El Toro Road, Suite 100, Lake Forest CA 92630.  Class Notice was ordered to go out via a third party claims administration company ILYM (http://www.ilymgroupclassaction.com/)  Phone 888.250.6810, Fax 888.845.6185,  15331 Barranca Parkway,  Irvine, CA 92618

Attorneys for AAA filed a petition for a writ of mandate and request for immediate stay on February 17, 2012. The Write was denied on May 31, 2012, and the class remains certified while the case remains active. Plaintiff’s counsel will continue to seek damages from AAA with regards to the existing claims. Please refer to this blog for a copy of the Class Notice.