Class action brought on behalf of sanitation truck drivers for the City of LA for failure to provide meal breaks required by Labor Code. Settlement followed bench verdict and appeal.
- Case Name: Jose Gravina v. City of Los Angeles
- Court and Case Number: Los Angeles County Superior Court / BC 356014
- Date of Verdict or Judgment: Monday, December 05, 2011
- Date of Settlement: Thursday, July 17, 2014
- Date Action was Filed: Wednesday, July 26, 2006
- Type of Case: Class Action, Labor Code Violation
- Judge or Arbitrator(s): Hon. John S. Wiley, Jr.
Plaintiffs: Jose Gravina
Defendants: City of Los Angeles
- Type of Result: Bench Verdict
- Settlement Amount: $26,000,000 settlement after bench verdict and appeal.
Award as to each Defendant:
Class action case with an average award of approximately 1,200 class members and an average award of $15,000 per person.
- Trial or Arbitration Time: Two bench trials.
Attorney for the Plaintiff:
Law Office of Matthew L Taylor by Matthew Livingston Taylor, Rancho Cucamonga.
Law Offices of Michael D Myers PC by Michael David Myers, Rancho Cucamonga.
Attorney for the Defendant:
Liebert Cassidy Whitmore by Brian Walter, Los Angeles.
Plaintiff’s Medical Experts: None.
Defendant's Medical Experts: None.
Plaintiff's Technical Experts: None.
Defendant's Technical Experts: None.
Facts and Background
Facts and Background:
This is a class action case brought on behalf of sanitation truck drivers employed by the City of Los Angeles. The action was certified as a class action to pursue a single cause of action for failure to provide meal breaks required by Labor Code sections 512 and 226.7.
That City of Los Angeles failed to provide meal breaks required by California state law.
That City of Los Angeles is a charter city and exempt from statewide meal break laws. Further, that their employment policies did not violate state law.
Injuries and Other Damages
Plaintiffs claimed one hour of wage for each day in which they were denied a proper meal break. This is the damages formula set forth under state law (California Labor Code section 226.7).