/raid1/www/Hosts/bankrupt/CAR

/raid1/www/Hosts/bankrupt/CAR_Public/100318.mbx C L A S S A C T I O N R E P O R T E R Thursday, March 18, 2010, Vol. 12, No. 54 Headlines AARON BROTHERS: Removes "Tijero" Overtime Suit to N.D. Calif. AMERICAN STANDARD: Sued for Failure to Provide Underinsured Cover BANK OF AMERICA: Accused of Violating Unfair Competition Law BOWNE & CO: Sued in N.Y. Sup. Ct. for Breach of Fiduciary Duty CAMPBELL SOUP: Accused of Deceptive Advertising in N.J. Suit CHALIDA HAYNES: Sued for Violations of California Labor Code CHESAPEAKE ENERGY: Accused of Underpaying Natural Gas Royalties CITY OF ENCINITAS: Suit Complains About Short Term Rental Fee COUNTY OF COOK: Sued for Refusing to Provide Courtroom Security DREYER'S GRAND: Accused of False Advertising in California Suit HOOTERS OF AMERICA: Accused in Ala. of Not Paying Proper Wages JP MORGAN CHASE: Sued for Failure to Abide by Deposit Contracts LINC HOUSING: Accused of Reneging on Written Contract; Fraud NATURAL HAIR: Accused of Fraud Related to Hair Growth Products PROCTOR & GAMBLE: Sued for Failing to Disclose Zinc in FIXODENT QUEST DIAGNOSTICS: Sued for Violations of California Wage Laws SCS-CHICAGO LLC: Accused of Violating Illinois Minimum Wage Law SOUTHERN CALIF GAS: Discriminatory Disability Practices Alleged SOUTHWEST WATER: Shareholder Sues to Block Deal with J.P. Morgan SOUTHWEST WATER: Breach of Fiduciary Duty Alleged in Second Suit SYSCO GUEST: Charged with Wage Underpayment in Los Angeles Cty. UNITED OIL: Sued for Violations of California Labor Code ********* AARON BROTHERS: Removes "Tijero" Overtime Suit to N.D. Calif. ------------------------------------------------------------- On May 7, 2009, Jose Tijero, on behalf of himself and others similarly situated v. Aaron Brothers, Inc., and Michaels Stores, Inc., et al., commenced a putative class action against the Defendants in the Superior Court of California, County of Alameda, as Case No. RG09451144. Mr. Tijero alleged that he is a former employee of Aaron Brothers and Michaels and asserted claims for failure to pay wages and overtime pay, failure to pay wages upon discharge, failure to provide meal and rest breaks, failure to maintain pay records, violation of California's unfair competition laws, unjust enrichment, and declaratory relief. On Mar. 15, 2010, pursuant to 28 U.S.C. Secs. 1332(d)(2), 1441, 1446 and 1453, removed the lawsuit to the U.S. District Court for the Northern District of California, and the Clerk assigned Case No. 10-cv-01089 to the proceeding. Under 28 U.S.C Sec. 1441(a), a defendant may remove to federal district court "any civil action brought in a State court of which the district courts of the United States have jurisdiction. . . ." Defendants tell the Court that they were not incorporated in California and, at the time the class action was commenced, both Defendants were corporations organized and incorporated under the laws of Delaware. Defendants add that each of the Defendant's principal place of business is located in Texas. The Plaintiff is represented by: Arthur Kim, Esq. Daniel L. Feder, Esq. LAW OFFICES OF DANIEL FEDER 807 Montgomery Street San Francisco, CA 94133 Telephone: (415) 391-9476 E-mail: akimhaiti@gmail.com danfeder@pacbell.net The Defendants are represented by: Catherine A. Conway, Esq. Gregory W. Knopp, Esq. Gary M. McLaughlin, Esq. Aanand Mehtani, Esq. AKIN GUMP STRAUSS HAUER & FELD LLP 2029 Century Park East, Suite 2400 Los Angeles, CA 90067-3012 Telephone: (310) 229-1000 E-mail: amehtani@akingump.com cconway@akingump.com gknopp@akingump.com AMERICAN STANDARD: Sued for Failure to Provide Underinsured Cover ----------------------------------------------------------------- Skye Darke, as Independent Administrator of the Estate of Sean Darke, for the exclusive benefit of the surviving spouse and next of kin of Sean Darke and others similarly situated v. American Standard Insurance Company of Wisconsin, American Family Mutual Insurance Company, d/b/a American Family Insurance Group, and Kimberley M. Baccus, d/b/a/ American Family Insurance - Kimberley M. Baccus Insurance Agency, Case No. 2010-CH-09246 (Ill. Cir. Ct., Cook Cty. March 5, 2010), complains that the Insurer has improperly denied Underinsured Motorist Coverage under a family car policy in the amount of $100,000. Sean Darke died on May 23, 2009, when a 1989 Kawasaki motorcycle insured by the defendants crashed. The Plaintiff is represented by: Joseph Michael O'Callaghan, Esq. O'CALLAGHAN & COLLEAGUES, P.C. 208 West Washington Street, Suite 2301 Chicago, IL 60606 Telephone: (312) 332-1600 BANK OF AMERICA: Accused of Violating Unfair Competition Law ------------------------------------------------------------ Harold C. Rose and Kimberly Lane, individually and on behalf of others similarly situated v. Bank of America, N.A., et al., Case No. BC433460 (Calif. Super. Ct., Orange Cty. March 9, 2010), charges BofA with violations of the California Unfair Competition Law because, around April 2009, the Bank didn't properly notify them about specific pricing changes to fees applicable to their particular deposit accounts held at BofA. Plaintiffs seek restitution plus injunctive relief (a) halting Defendants' unlawful and unfair business acts and practices, and (b) requiring Defendants to undertake measures to correct their deficient and improper notices about pricing changes to fees applicable to Plaintiffs' and other Class members' deposit accounts. The Plaintiff is represented by: Henry H. Rossbacher, Esq. James S. Cahill, Esq. Talin K. Tenley, Esq. THE ROSSBACHER FIRM 811 Wilshire Boulevard, Suite 1650 Los Angeles, CA 90017 Telephone: (213) 895-6500 Facsimile: (213) 895-6161 BOWNE & CO: Sued in N.Y. Sup. Ct. for Breach of Fiduciary Duty -------------------------------------------------------------- Shawn Parlich, on behalf of himself and others similarly situated v. Bowne & Co., et al., Case No. 103246/2010 (N.Y. Sup. Ct., N.Y. Cty. March 11, 2010), asserts that the Board of Directors of Bowne & Co., Inc., in connection with the proposed sale of Bowne to R.R. Donnelley & Sons, failed to adequately discharge its fiduciary duties to the Company's shareholders, by, inter alia, (i) failing to ensure that they will receive maximum value for their shares; (ii) failing to conduct an appropriate sale process; and (ii) locking-up of the proposed sale by agreeing to onerous terms in the Merger Agreement with RR Donnelley that will dissuade or otherwise preclude the emergence of a superior transaction, while certain Company insiders will be adequately compensated in connection with the proposed transaction. Plaintiff seeks equitable relief compelling Bowne's Board of Directors to properly exercise its fiduciary duties to the shareholders and to enjoin the closing of the proposed sale. The Plaintiff is represented by: Samuel H. Rudman, Esq. David A. Rosenfeld, Esq. Mark S. Reich, Esq. Joseph F. Russello, Esq. Carolina C. Torres, Esq. COUGHLIN STOIA GELLER RUDMAN & ROBBINS LLP 58 South Service Road, Suite 200 Melville, NY 11747 Telephone: (631) 367-7100 Facsimile: (631) 367-1173 CAMPBELL SOUP: Accused of Deceptive Advertising in N.J. Suit ------------------------------------------------------------ Courthouse News Service reports that Campbell's charges extra for its "Less Sodium" and "Healthy Request" Tomato Soups, but the Less Sodium soup contains as much sodium as regular tomato soup, and the Healthy Request soup "contains more fat than the Regular Tomato Soup," a class action claims in Trenton, N.J., Federal Court. A copy of the Complaint in Smajlaj v. Campbell Soup Company, Case No. 10-cv-_____, docketed as Doc. 231 in Case No. 33-av-00001 on March 12, 2010 (D. N.J.), is available at: http://www.courthousenews.com/2010/03/15/TomatoSoup.pdf The Plaintiff is represented by: Jeffrey W. Herrmann, Esq. COHN LIFLAND PEARLMAN HERRMANN & KNOPF LLP Park 80 Plaza West-One Saddle Brook, NJ 07663 Telephone: 201-845-9600 - and - Lester L. Levy, Esq. Michele F. Raphael, Esq. James Kelly-Kowolowitz, Esq. WOLF POPPER LLP 845 Third Ave., 12th Floor New York, NY 10022 Telephone: 212-759-4600 CHALIDA HAYNES: Sued for Violations of California Labor Code ------------------------------------------------------------ Alma Polanco, on behalf of herself and others similarly situated v. Chalida U. Haynes, et al., Case No. BC432762 (Calif. Super. Ct., Los Angeles Cty. February 26, 2010), asserts, on an individual basis, violations of the California Fair Employment and Housing Act, Intentional Infliction of Emotional Distress, and Battery, and as class representative, violations of the California Labor Code and Business and Professions Code. Plaintiffs, who are current and former employees of the Defendants, seek to recover, among other things, unpaid and illegally calculated overtime compensation; unpaid wages earned to date; indemnification for expenses; wages and penalties due from illegal deductions, illegal break policies including meal period policies, failure to maintain required records, and falsifying hours worked; interest; attorneys' fees; costs; and expenses. Defendant Chalida U. Haynes owns and operates a 7 Eleven franchise. Plaintiff Alma Polanco was employed by 7 Eleven, Inc., owned and operated by Chalida U. Haynes, located at 8147 E. Arroyo Drive in San Gabriel, Calif. Plaintiff Alma Polanco alleges that soon after the commencement of her employment and continuing thereafter, she was subjected to sexual harassment by Defendant JET (last name unknown). Ms. Polanco said that she complained to Defendant Chaida U. Haynes, but Ms. Haynes failed to investigate, warn or discipline JET, and the harassment continued. The Plaintiff is represented by: Matthew J. Matern, Esq. RASTEGAR & MATERN 1010 Crenshaw Boulevard, Suite 100 Torrance, CA 90501 Telephone: (310) 218-5500 CHESAPEAKE ENERGY: Accused of Underpaying Natural Gas Royalties --------------------------------------------------------------- Courthouse News Service reports that Chesapeake Energy and BP America underpaid royalties on natural gas leases in Arkansas through improper accounting and unconscionable contracts, a class action claims in Little Rock Federal Court. A copy of the Complaint in Vanoven v. Chesapeake Energy Corporation, et al., Case No. 10-cv-00158 (E.D. Ark.) (Miller, J.), is available at: http://www.courthousenews.com/2010/03/15/EnergyCA.pdf The Plaintiff is represented by: Keith L. Grayson, Esq. GRAYSON & GRAYSON, P.A. P.O. Box 1447 Heber Springs, AR 72534 Telephone: 501-206-0905 - and - Charles R. Hicks, Esq. HICKS LAW FIRM 111 Center St., Suite 1200 Little Rock, AR 72201 Telephone: 501-371-0068 CITY OF ENCINITAS: Suit Complains About Short Term Rental Fee ------------------------------------------------------------- Tim Hull at Courthouse News Service reports that the City of Encinitas charges an illegal annual $150 "short term rental fee" to discourage landlords from renting beach homes to tourists, a class action claims in Superior Court. Lead plaintiff Chris Carrico, who owns a property management firm that rents beach houses, says the fee is an extra property tax that violates the California Constitution. Mr. Carrico says the goal of the ordinance, in addition to collecting money for the city, is to drive out what the city perceives as rowdy summer tourists by fining landlords who can't control their tenants. "A gullible Encinitas City Council, listening to an outspoken minority of 'locals', apparently believes, wrongly, that excessive noise, drunkenness, vandalism, trash accumulation and illegal parking is rampant in Encinitas and would not exist but for this specific type of vacationer," Mr. Carrico says. He claims the poorly written, vague ordinance unfairly holds landlords liable for tenants' behavior. He says the ordinance exempts hotels from the same "stringent regulations and very stiff penalties" if their guests misbehave. "The same misconduct that would be subject to fine and permit revocation when committed by a short-term visitor [less than 30 days] is not actionable under this ordinance when committed by renters of long-term rentals, hotels, or owner-residents," Mr. Carrico says. Landlord fines start at $250 for a complaint not handled with 24 hours, and increase to $500, $750 and $1,000 for subsequent violations. Mr. Carrico estimates the class at 200 landlords. He says summer rental income makes it possible for many beachfront homeowners to pay their mortgages. The class seeks declaratory judgment voiding the ordinance and the fee, and their money back. Internecine warfare among seaside cities in pricey San Diego County is not unusual. Residents of adjoining cities frequently complain -- though not in court -- that neighboring Police Departments arrest homeless people and "deport" them to the city down the road. The Police Departments, of course, deny it. But residents and some newspaper reporters insist that the practice is common. A copy of the Complaint in Carrico, et al. v. City of Encinitas, et al., Case No. 37-2010-00087269 (Calif. Super. Ct., San Diego Cty.) (Strauss, J.), is available at: http://www.courthousenews.com/2010/03/15/BeachTax.pdf The Plaintiff is represented by: Edward M. Teyssier, Esq. 3200 Highland Ave., Suite 300 National City, CA 91950 Telephone: 619-474-7500 COUNTY OF COOK: Sued for Refusing to Provide Courtroom Security --------------------------------------------------------------- Steven Marshall, on behalf of himself and others similarly situated, on behalf of the Judicial Branch of Illinois Government, and the Circuit Court of Cook County v. The County of Cook, Case No. 2010-L-003070 (Ill. Cir. Ct., Cook Cty. March 10, 2010), accuses Cook County of refusing to provide courthouse and courtroom security for the protection of judges and litigants, as required by law. Specifically, the plaintiff states that Defendant Cook County has willfully refused to use fees collected for courtroom security from Plaintiff and others similarly situated for the explicit purpose set by statute despite the obligation that those fees be used solely and for the exclusive purpose of providing courthouse and courtroom security through the sheriff. The Plaintiff is represented by: Steven J. Seidman, Esq. LAW OFFICES OF STEVEN J. SEIDMAN Two First National Plaza 20 South Clark Street, Suite 700 Chicago, IL 60603 Telephone: (312) 781-1977 - and - David A. Novoselsky, Esq. NOVOSELSKY LAW OFFICES 120 N. LaSalle St., Suite 1400 Chicago, IL 60602 Telephone: (312) 346-8930 DREYER'S GRAND: Accused of False Advertising in California Suit --------------------------------------------------------------- Courthouse News Service reports that Dreyer's ice cream, a Nestle's subsidiary, falsely advertises the fat contents of its Drumsticks and Dibs, according to a class action in San Francisco Federal Court. A copy of the Complaint in Carrea v. Dreyer's Grand Ice Cream, Inc., et al., Case No. 10-cv-01044 (N.D. Calif.), is available at: http://www.courthousenews.com/2010/03/15/IceCream.pdf The Plaintiff is represented by: Michael R. Reese, Esq. Kim E. Richman, Esq. REESE RICHMAN LLP 875 Sixth Ave., 18th Floor New York, NY 10001 Telephone: 212-643-0500 HOOTERS OF AMERICA: Accused in Ala. of Not Paying Proper Wages -------------------------------------------------------------- Hooters stiffs employees for work they have to do before and after their shift, a class action claims in Birmingham, Ala., Federal Court. A copy of the Complaint in Calma v. Hooters of America, Inc., Case No. 10-cv-00538 (N.D. Ala.), is available at: http://www.courthousenews.com/2010/03/15/Hooters.pdf The Plaintiff is represented by: Robert L. Wiggins, Esq. Dennis G. Pantazis, Esq. Brian M. Clark, Esq. WIGGINS, CHILDS, QUINN & PANTAZIS, LLC The Kress Building 301 19th St. North Birmingham, AL 35203 Telephone: 205-314-0500 - and - Darrell L. Cartwright, Esq. CARTWRIGHT LAW CORPORATION P.O. Box 383204 Birmingham, AL 35238-3204 Telephone: 205-202-1040 - and - Allan L. Armstrong, Esq. ARMSTRONG LAW CENTER LLC P.O. Box 2434 Birmingham, AL 35201 Telephone: 205-821-4644 JP MORGAN CHASE: Sued for Failure to Abide by Deposit Contracts --------------------------------------------------------------- Jon Hart, on behalf of himself and others similarly situated v. JP Morgan Chase Bank, N.A., Case No. 10-cv-01075 (N.D. Calif. March 12, 2010), accuses the bank of failing to abide by the terms of its deposit contracts when charging Insufficient Funds Fees or other charges. The Plaintiff seeks the recovery of monetary damages, restitution and injunctive relief to make the bank credit deposits to its customers' deposit accounts in accordance with the terms of the Chase Account Rules and Regulations or other substantially similar contracts governing deposit accounts. Mr. Hart wants a jury trial. The Plaintiff is represented by: Eric S. Somers, Esq. Mark N. Todzo, Esq. LEXINGTON LAW GROUP 1627 Irving Street San Francisco, CA 94122 Telephone: (415) 759-4111 Facsimile: (415) 795-4112 - and - Christopher M. Burke, Esq. SCOTT + SCOTT LLP 600 B Street, Suite 1500 San Diego, CA 92101 Telephone: (619) 233-4565 Facsimile: (619) 233-0508 LINC HOUSING: Accused of Reneging on Written Contract; Fraud ------------------------------------------------------------ Franciscan Mobile Home Owners for Justice, Rosendo Quiniquini, Rory Mordinoia, Robert Quinn, Sandra Holman, and Mamie Zhu, individually and on behalf of others similarly situated v. Linc Housing Corporation, et al., Case No. 10-cv-01087 (N.D. Calif. Mar. 15, 2010), complains that through the actions of the Defendants, they have all indirectly or directly purchased and sold municipal securities, or have had municipal securities purchased and sold on their behalf, that are subject to anti- fraud provisions of Section 10(b) of the Securities Exchange Act of 1934. Plaintiffs allege that Defendants Linc Franciscan, LP, Franciscan Park LLC and FHC were shams and shell entities that were underfunded, inadequately capitalized and did not follow state-mandated corporate formalities, formed by individual Defendant Hunter Johnson who used said entities to perpetrate a fraud on Plaintiffs and to then circumvent liability by insulating themselves with a corporation that was unable to pay judgment creditors. Plaintiff Franciscan Mobile Home Owners for Justice is an unincorporated association of mobile home owners at the Franciscan Mobile Home Park consisting of 501 spaces located in Daly City, California. Plaintiffs Rosendo Quiniquini, Rory Mordinoia, Robert Quinn, Sandra Holman and Mamie Zhu are mobile home owners who have resided in the park from various times from 1996 to the present. Plaintiffs state that on or about September 2001, individual defendant Johnson of Defendant Linc Housing solicited and represented to the residents of the Park that if they consented to Defendant Linc Housing purchasing the Park with the proceeds of tax-exempt bond issues from the City of Daly City Housing Development Finance Agency, then the residents would control the Park via ownership in their mobile home spaces and/or membership interests in a new non-profit corporation that was to be formed to hold title to the Park. Defendant Johnson promised the residents that if they would agree to a large monthly rent increase of $90 to $100 per month, then they could participate in the initial acquisition, and that if they also paid $1,000, then they could acquire ownership and membership interests in the Park. On April 18, 2009, Defendant Johnson, Defendant Linc Housing, Defendant Linc Franciscan LP and a now defunct resident's organization, Defendant Franciscan Acquisition Corporation, entered into a written contract for the transfer of ownership of the Park to an entity controlled by the Park residents who were the contract's intended beneficiaries. Defendants Johnson, Linc Housing and Franciscan LP have breached the written contract and have refused to transfer the Park to Defendant FHC or even to apply for a determination letter from the Internal Revenue Service or the Franchise Tax Board for Section 501(c)(3) tax- exempt status for Defendant FHC. Plaintiffs believe that Defendant FHC to whom the Park was to have been transferred under the written contract is nothing but a sham entity and fraud and was only formed to create an illusion of resident participation in the management of the Park. Plaintiffs further allege, among others, other causes of action including material misrepresentations and omissions, conspiracy to commit fraud, negligent misrepresentation, breach of fiduciary duty, negligence, unfair competition and violations of the California Welfare and Institutions Code and the California Health and Safety Code. Defendants ask the Court to, among other things, order (i) that the Defendants hold the Park as constructive trustees for the benefit of the Plaintiffs, individually and on behalf of all others similarly situated, (ii) the dissolution of Defendant FCH, (iii) the appointment of a receiver, and (iv) the enforcement of the Cooperation Agreement to transfer the Park to an entity to hold title to and operate the Park for the benefit of the Park residents and the removal of the Defendants from the management and operation of the Park. The Plaintiff is represented by: Shelley S. Buchanan, Esq. 92 Cole Street, PMB #120 San Francisco, CA 94117 Telephone: 415-566-3526 E-mail: buchananshelley@aol.com NATURAL HAIR: Accused of Fraud Related to Hair Growth Products -------------------------------------------------------------- Jamie Bouma, on behalf of herself and others similarly situated v. Natural Hair Growth Institute, Ltd., and Steve Bennis a/k/a, Abdel Bennis, Abdelouahhab Bennis and Wahib Bennis, individually and as President of Natural Hair Growth Institute, Ltd. and d/b/a Omega Hair Group, American Hair Growth Centers and Chicago Hair Growth Centers, Case No. 2010-CH-08879 (Ill. Cir. Ct., Cook Cty. March 3, 2010), accuses NHGI of making numerous false representations of fact about their hair growth business, including statements that their products are all natural and are chemical-free, that they have a 100% money back guarantee, and that their laser light treatment program recently received FDA approval. The plaintiff accuses the defendants of breach of written contracts, violation of the Illinois consumer fraud and deceptive business practices act, and breach of express warranties. The Plaintiff is represented by: Robert J. Shelist, Esq. LAW OFFICES OF ROBERT J. SHELIST, P.C. 1061 West Monroe Street Chicago, Illinois 60607 Telephone: (312) 226-0675 PROCTOR & GAMBLE: Sued for Failing to Disclose Zinc in FIXODENT --------------------------------------------------------------- John Dixon, on behalf of himself and others similarly situated v. The Proctor & Gamble Company, et al., Case No. 10-cv-01096 (N.D. Calif. Mar. 15, 2010), alleges that since 1990, the consumer products giant has added zinc to its FIXODENT denture cream products, in a dangerous and misleading fashion, without disclosing or warning about or otherwise disclosing the significant and debilitating hazards of zinc poisoning resulting from ingestion of denture cream zinc, in violation of the California Unfair Competition Law and Consumer Remedies Act. Plaintiff John Dixon, 67 years old, states that he has been using FIXODENT products more than 10 years ago. Mr. Dixon claims that recently he began suffering from unexplained numbness in his right arm and legs, memory loss and imbalance. Plaintiff, individually and for the class, has demanded trial by jury of each cause of action. The Plaintiff is represented by: Clayeo C. Arnold, Esq. Kirk J. Wolden, Esq. Clifford Carter, Esq. CLAYEO C. ARNOLD. P.C. 608 University Avenue Sacramento CA 85825 Telephone: (916) 924-3100 E-mail: kwolden@justice4you.com QUEST DIAGNOSTICS: Sued for Violations of California Wage Laws -------------------------------------------------------------- Julieta M. Mora, on behalf of herself and others similarly situated v. Quest Diagnostics Incorporated, Case No. BC433285 (Calif. Super. Ct., Los Angeles Cty. March 5, 2010), asserts that the Defendants have violated California wage-and-hour laws. Plaintiff seeks to recover, among other things, unpaid wages, reimbursement of work expenses, and waiting time wages. In addition to restitution, Ms. Mora requests injunctive relief concerning these violations. Plaintiff states that Defendants promised and paid Plaintiff and other hourly employees certain performance-based bonuses, but failed to factor those bonuses into their regular rates of pay for purposes of calculating overtime wages, resulting in underpayment of overtime wages. Defendants also failed to pay Plaintiff and other hourly employees who worked as Floaters for the time spent driving between work sites, as well as to indemnify them for the costs of maintaining cell phones the Defendants required Floaters to carry. Plaintiff also claims that Defendant willfully failed to pay all wages due their hourly employees upon their termination of employment, giving rise to waiting time wages due these employees. The Plaintiff is represented by: Justian Jusuf, Esq. LAW OFFICE OF JUSTIAN JUSUF, APC 17011 Beach Blvd., Suite 600 Huntington Beach, CA 92647 Telephone: (714) 274-9815 E-mail: jjusuf@social.rr.com - and - Sahag Majarian, II, Esq. LAW OFFICES OF SAHAG MAJARIAN, II 18250 Ventura Blvd. Tarzana, CA 91356-4229 Telephone: (818) 609-0807 SCS-CHICAGO LLC: Accused of Violating Illinois Minimum Wage Law --------------------------------------------------------------- Warren Andrew, individually and on behalf of others similarly situated v. SCS-Chicago, L.L.C., Case No. 2010-CH-08380 (Ill. Cir. Ct., Cook Cty. February 26, 2010) accuse the Defendant of violating the Illinois Minimum Wage Law and the Illinois Wage Payment Collection Act. SCS-Chicago, L.L.C., owns and operates the Le Colonia restaurant located in Chicago, Ill. Specifically, plaintiff claims, among other things, that Defendant's inclusion of the Manager in the Tip Pool violates Illinois wage laws. The Plaintiffs further allege that the Defendant imposes a mandatory "Food Credit" deduction from Plaintiffs' and other hourly employees' wages, and accuses the Defendant of the improper taking of tips received by Tipped Employees. The plaintiff is represented by: James X. Bormes, Esq. LAW OFFICE OF JAMES X. BORMES, P.C. 8 South Michigan Avenue, Suite 2600 Chicago, IL 60603 Telephone: (312) 201-0575 - and - Jeffrey Grant Brown, Esq. CONVERSE & BROWN, LLC 35 East Wacker Drive, Suite 650 Chicago, IL 60601 Telephone: (312) 789-9700 SOUTHERN CALIF GAS: Discriminatory Disability Practices Alleged --------------------------------------------------------------- David Lavaggi and Amber Boggs, on behalf of themselves and others similarly situated v. Southern California Gas Company, et al., Case No. BC432273 (Calif. Super. Ct., Los Angeles Cty. Mar. 3, 2010), alleges discriminatory practices in violation of California statutes and common law designed to protect individuals with a physical disability, including denial of access to places of public accommodation and the discriminatory treatment given to individuals on account of their physical disabilities. As a result of these discriminatory practices the Plaintiff Classes were not able to benefit from the full use and enjoyment of Defendants' public utility services and were discriminated against in failing to provide bills, statements, shut-off notices, and other important communications in accessible formats, such as Braille or large print, despite the fact that they have requested accessible formats. Plaintiffs Lavaggi and Boggs are both visually impaired, and therefore considered to have a physical disability, as that term is defined in Cal. Code Sec. 12926. Specifically, the Plaintiffs ask the Court, among others, for an injunction ordering Defendants to comply with California statutes for the protection of persons with disabilities, a judicial determination and declaration be made of the rights of Plaintiffs and the Plaintiff Classes, and of the Court approved remedial measures that Defendants must take to prevent discrimination of the visually impaired by all employees of Southern California Gas. The Plaintiffs are represented by: Mike Arias, Esq. Mikael H. Stahle, Esq. Mark J. Bloom, Esq. ARIAS, OZZELLO & GIGNAC LLP 6701 Center Drive West, Suite 1400 Los Angeles, CA 90045 Telephone: (310) 670-1600 - and - Eugene Feldman, Esq. EUGENE FELDMAN, ATTORNEY AT LAW, APC 555 Pier Avenue, Suite 4 Hermosa Beach, CA 90254 Telephone: (310) 372-4636 SOUTHWEST WATER: Shareholder Sues to Block Deal with J.P. Morgan ---------------------------------------------------------------- Jeff Kratz, on behalf of himself and others similarly situated v. SouthWest Water Company, Case No. BC433238 (Calif. Super. Ct., Los Angeles Cty. March 5, 2010), accuses SWWC of breaching its fiduciary duty in connection with SWWC's directors efforts to complete the sale of SWWC to J.P. Morgan Asset Management and Water Asset Management L.L.C. through an unfair process and at an unfair price, for $11 per share. Plaintiff claims that SWWC's directors were aided and abetted by the Company and the Buyout Group in breaching their fiduciary duties. Plaintiff adds that the Proposed Acquisition does not maximize shareholder value, does not fully account for the value of the Company (including valuable claims on behalf of the Company), and affords the Buyout Group onerous deal protections that limit the possibility of a superior offer for the Company. The Plaintiff demands a trial by jury and is represented by: Frank J. Johnson, Esq. Francis A. Bottini, Jr., Esq. Derek J. Wilson, Esq. JOHNSON BOTTINI, LLP 501 West Broadway, Suite 1720 San Diego, CA 92101 Telephone: (619) 230-0063 Facsimile: (619) 238-0622 SOUTHWEST WATER: Breach of Fiduciary Duty Alleged in Second Suit ---------------------------------------------------------------- Shiela Simon, individually and on behalf of others similarly situated v. SouthWest Water Company, et al., Case No. BC433199 (Calif. Super. Ct., Los Angeles Cty. March 5, 2010), asserts that, in connection with the acquisition of SouthWest by unidentified institutional investors advised by J.P. Morgan Asset Management and Water Asset Management, the proposed transaction and the acts of the Director Defendants, constitute a breach of Defendants' fiduciary duties to Plaintiff and a violation of applicable legal standards governing the Defendants. Plaintiff allege that Defendants prematurely entered into a plan of merger and the proposed transaction without conducting a full and fair sale process to ensure that the SouthWest shareholders received the highest possible value for their shares of SouthWest common stock. Plaintiffs ask the Court to enjoin Defendants from proceeding with consummating or closing the proposed transaction and in the event that the proposed transaction is consummated to rescind it and set it aside. The Plaintiff is represented by: Francis M. Gregorek, Esq. Betsy C. Manifold, Esq. Rachele R. Rickert, Esq. WOLF HALDENSTEIN ADLER FREEMAN & HERZ LLP 750 B Street, Suite 2770 San Diego, CA 92101 Telephone: (619) 239-4599 Facsimile: (619) 234-4599 - and - Jacob T. Fogel, Esq. LAW OFFICES OF JACOB T. FOGEL 32 Court Street, Suite 602 Brooklyn, New York 11201 Telephone: (718) 221-5552 Facsimile: (718) 875-4500 SYSCO GUEST: Charged with Wage Underpayment in Los Angeles Cty. --------------------------------------------------------------- Justin Gordon, on behalf of himself and others similarly situated v. Sysco Guest Supply, LLC, Case No. BC432330 (Calif. Super. Ct., Los Angeles Cty. Mar. 1, 2010), accuses Sysco of unlawful labor practices in California. Plaintiff alleges that the Defendants have committed labor law violations including, but not limited to, wage underpayments. Plaintiff Justin Gordon, who was employed as an inside sales manager earning $10.40 per hour plus commissions, alleges that Sysco failed to compensate him and other California employees for all of the hours that they have worked, failed to compensate them for all of the overtime hours that they have worked at overtime rates, failed to provide them with all required rest and meal periods, failed to pay them additional required wages for rest and meal periods, failed to timely pay all final wages owed, and intentionally failed to provide them with accurate written wage statements. The Plaintiff is represented by: David G. Spivak, Esq. THE SPIVAK LAW FIRM 9454 Wilshire Blvd., Suite 303 Beverly Hills, CA 90212 Telephone: (310) 4994730 Facsimile: (310) 4994739 UNITED OIL: Sued for Violations of California Labor Code -------------------------------------------------------- Guillermo Vasquez, individually and on behalf of others similarly situated v. United Oil Co., Inc., et al., Case No. BC432979 (Calif. Super. Ct., County of Los Angeles March 8, 2010), alleges violations of the California Labor Code, specifically for failure to provide meal periods, failure to provide rest breaks, failure to provide itemized wage statements, failure to pay vested vacation wages, and unfair business practices. Mr. Vasquez was employed by United Oil Co., Inc. (or Rapid Gas, Inc.) as a convenience store clerk from October 2007 to about August 2009, in Los Angeles County, Calif. United Oil operates gas stations with convenience stores located in California. Plaintiff demands a trial by jury. The plaintiff is represented by: Dennis F. Moss, Esq. H. Scott Leviant, Esq. Linh Hua, Esq. SPIRO MOSS LLP 11377 West Olympic Boulevard, 5th Floor Los Angeles, CA 900641683 Telephone: (310) 235-2468 Facsimile: (310) 235-2456 - and - Sahag Majarian, II, Esq. 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