Background of the Class Action Case

This is a class action where Plaintiff Charissa Dugan (“Plaintiff”) recently moved to certify a proposed expense reimbursement class of approximately 1,816 non-exempt sales associates, also known as retail sales consultants ("RSA"), who were required by Defendant Stoneledge Furniture, LLC (“Defendant” or “Stoneledge”) to use their personal cellular telephones without reimbursement. 

Defendant Stoneledge Furniture, LLC operates furniture stores in California, and Plaintiff worked as a sales associate in the Yorba Linda store from November 2014 through August 2015.   This action was originally filed in Orange County Superior Court on May 11, 2016 against Stoneledge and Defendant Ashley Furniture Industries, Inc.  (“Ashley Furniture”).

Plaintiff’s Class Action Complaint asserts the following three causes of action: (1) failure to reimburse employees for required expenses in violation of California Labor Code § 2802; (2) violations of the Unfair Competition Law (California Business and Professions Code § 17200 et seq.; and (3) violation of the California Private Attorney General Act, Labor Code §§ 2698 et seq. (“PAGA”). Plaintiff’s first cause of action for expense reimbursement under Labor Code § 2802 focuses on Defendant’s failure to reimburse for necessary business expenses incurred by Plaintiff and the Class Members related to the use of personal cell phones, including mandatory calls, texting and data to look up competing furniture store prices for customers.  

On June 17, 2016, Defendants removed the action to the United States District Court pursuant to the Class Action Fairness Act.

On September 15, 2016, Plaintiff filed her Motion for Class Certification (Dkt. No. 29), and set the hearing for November 14, 2016. Defendant filed its Opposition on October 24, 2016, and Plaintiff will be filing her Reply by October 31, 2016. The Court has set the following further case management dates:  Discovery Cut Off:  January 30, 2017; Last Day for Hearing Motions:  February 6, 2017; Pre-Trial Conference:  March 17, 2017; and Jury Trial:  April 11, 2017.   The parties’ counsel agree this is a case that should settle at mediation, which is scheduled for November 1, 2016.

Investigation and Counsel Involved

In furtherance of our investigation efforts, we are looking to interview other employees who experienced similar mistreatment or former employees or former assistant managers who have information regarding this conduct. If you have any questions regarding this case please contact:

Richard E. Quintilone II, Esq.

Quintilone & Associates

22974 El Toro Road, Suite 100

Lake Forest, CA 92630-4961

Telephone: 949.458.9675

Facsimile: 949.458.9679

Email: req@quintlaw.com  

Web: www.quintlaw.com  

Legal Assistant

Fernando Guzman

Se Habla Español

Email fxg@quintlaw.com

California employers are prohibited from retaliating against employees who participate in wage and hour complaints or investigations. If you feel you have been retaliated against, please feel free to contact any of the above-listed law firms or the California Department of Industrial Relations, Division of Labor Standards Enforcement for information. http://www.dir.ca.gov/dlse/HowToFileRetaliationComplaint.htm