SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES, CENTRAL DIVISION

MATT RHOADES, an individual, JOSEPH ) Case No. BC620310

MOORE, an individual, PALLE )
JORGENSEN, an individual, JAVIER ) CLASS ACTION
LOVATTO, an individual, )
) NOTICE OF PROPOSED CLASS
Plaintiffs, ) ACTION SETTLEMENT AND
) SETTLEMENT HEARING
vs. )
)
)
Marco Fonseca, individually, and on behalf )
of Everlasting Enterprises, Inc. dba Lux )
Lounge EFR, a Nevada Corporation, )
Miguel Perez, an individual, and Does 1-10, )
inclusive, )
)
)
Defendants, )
_____________________________________

TO:
Unpaid Overtime Subclass: All individuals until the date of certification who signed the
independent contractor form during August 1, 2014 through the present and who were not paid
overtime wages for hours worked beyond 8 or 10 hours.

Second Meal Period Subclass: All individuals until the date of certification who signed an
independent contractor form during August 1, 2014 through the present who worked shifts of at
least ten hours during whose time records show no second meal period was taken.

Late Pay Subclass: All individuals until the date of certification who signed an independent
contractor form during August 1, 2014 through the present and who did not receive all wages
due at the time they were terminated or otherwise stopped working for Defendants.

Wage Statement Subclass: All individuals until the date of certification who signed an
independent contractor form during August 1, 2014 through the present and did not receive a
wage statement that complied with California Labor Code Section 2810.5.
WHAT IS THIS LAWSUIT ABOUT? The defendants deny such allegations. Defendants
expressly deny that they did anything wrong and deny
This is an action brought pursuant to California’s liability. Defendants Marco Fonseca and Everlasting
Labor Code. Plaintiffs allege that the defendants in the Enterprises, Inc. dba Lux Lounge, EFR have sought to
caption above used a standard form independent contractor settle claims against them. By settling this lawsuit, Lux is
form and misclassified their workers as independent not admitting that they have done anything wrong.
contractors when they were in fact employees. Plaintiffs and the class have nevertheless agreed to the
settlement described below.

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 IF YOU ARE AN INDIVDIUAL AND FALL
WITHIN THE ABOVE LISTED CLASSIFICATION AND
YOU WISH TO RECEIVE BENEFITS UNDER THE
SETTLEMENT, YOU SHOULD KEEP THIS NOTICE.
TO RECEIVE BENEFITS UNDER THE SETTLEMENT,
YOU MUST COMPLETE AND SIGN A PROOF OF
CLAIM FORM, AND RETURN IT TO THE ADDRESS
SET FORTH BELOW.
In general, if you directly signed an independent
contractor form with Lux Lounge and performed work for
them from August 1, 2014, to the present, you are a
member of the class.
If you do not wish to be part of this settlement, you
must timely exclude yourself as explained below. If you
wish to object to the settlement, you must timely submit
your objection as explained below. If you do not request to
be excluded from the settlement, you will be bound by any
judgment entered with respect to the settlement.
WHAT ARE THE SETTLEMENT TERMS?
On August 29, 2018, the Los Angeles County Superior
Court, Judge Gregory Keosian presiding, preliminarily
approved the following settlement. Lux Lounge has agreed
to establish a $29,898.08 fund to be used to compensate
Class members who entered into independent contractor
forms during the class period. All Class members shall have
until July 30, 2019, to submit a proof of a claim to Lux
Lounge’s counsel at the address below. Each class member
is eligible to receive a payment fort their total amount of
unpaid overtime, penalties for second meal breaks not
provided, penalties for non-compliant wage statements, and
a prorated portion for the waiting time penalties for their
unpaid wages. Compensation under the settlement is
calculated based upon your timesheets and number of days
and hours worked. Any unclaimed settlement proceeds will
be allocated wage penalty class.
In addition, Lux has agreed to resolve the individual
claims of the class representatives and unnamed class
members. The non-class members settlements are
$7,736.75 for Plaintiffs Rhoades and Jorgensen
respectively. Plaintiff Moore and Lovatto resolved their
individual claims for $5,352, and $4,900 respectively. The
settlements will not affect the class settlement fund.
ATTORNEYS’ FEES
Plaintiffs’ Counsel will petition the Court for an award
of attorneys’ fees and costs in the amount of $28,500 and
$8,876.42 respectively. Any award of attorneys’ fees and
costs to Plaintiffs’ Counsel will not reduce the benefits to
you under the settlement.
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INCENTIVE AWARD TO NAMED PLAINTIFF
Plaintiffs’ Counsel will petition the Court for an award
in the amount of $2,000.00 ($1,000 each), payable by Lux
Lounge, for the Plaintiff Joseph Moore and Javier Lovato as
an incentive award for participating in this action. Any
such award will not reduce the benefits to you under the
settlement.
RELEASES
The Settlement Agreement, provides the following
releases:
A. “Settled Claims” means any and all causes of
action, damages, punitive or statutory damages, penalties,
attorney's fees, costs, expenses, losses of any kind or nature
whatsoever, asserted or unasserted, known or unknown,
legal or equitable, including, but not limited to , all claims
and causes of action asserted in the Class Action
Complaint, all claims and causes of action arising out of,
related in any way to, or in connection with the facts,
claims, and causes of action alleged in this Litigation, even
if presently unknown or unasserted, and all claims and
causes of action that could have been pled in this Litigation.
The matters released include, but are not limited to, any
claims or causes of action against under tort, contract, state
and federal wage-and-hour laws or other laws affecting
working conditions, the California Labor Code, all
applicable Welfare Commission Wage Orders (including
Wage Order 10-2001), the California Business &
Professions Code.
B. “Released Persons” means Defendants and their
predecessors, successors, assigns, parents, subsidiaries and
affiliates and their respective present, former and future
partners, members, principals, officers, directors,
employees, agents, attorneys, and all others acting for such
parties with respect to the subject transactions past or
present.
C. Judgment. All Settled Claims shall be merged
into the final judgment without attorney’s fees or costs to
any party except as set forth herein. Plaintiffs shall not file
any other action against Defendants regarding the Settled
Claims.
D. Release Encompasses Unknown Claims. Each
Releasing Party agrees, and each Class Member shall be
deemed to have agreed, that, upon the Settlement Order and
Judgment, he or she will have released, waived, and
relinquished, to the fullest extent permitted by law, the
provisions, rights, and benefits of § 1542 of the California
Civil Code with respect to Lux Lounge independent
contractor forms, which provides
 A GENERAL RELEASE DOES NOT EXTEND TO
CLAIMS WHICH THE CREDITOR DOES NOT KNOW
OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT
THE TIME OF EXECUTING THE RELEASE WHICH, IF
KNOWN BY HIM, MUST HAVE MATERIALLY
AFFECTED HIS OR HER SETTLEMENT WITH THE
DEBTOR.
In addition, upon the Final Effective Settlement Date,
Plaintiffs and Class Members will be deemed to have, and
by operation of the Final Settlement Order and Judgment
will have, expressly waived and relinquished, to the fullest
extent permitted by law, any and all provisions, rights, and
benefits, conferred by any law of the United States, or any
state or territory of the United States, or principle of
common law or equity that is similar, comparable or
equivalent to Section 1542 of the California Civil Code.
The Releasing Parties expressly acknowledge that they may
hereafter discover facts in addition to or different from
those which they now know or believe to be true with
respect to the subject matter of the Released Claims, but the
Releasing Parties, upon the Final Effective Settlement Date,
shall be deemed to have, and by operation of law shall
have, fully, finally and forever settled, released, and
discharged any and all Released Claims based on conduct
that is negligent, reckless, intentional, with or without
malice, or a breach or any duty, law or rule, without regard
to the subsequent discovery or existence of such different or
additional facts.
WHAT IS THE SETTLEMENT APPROVAL
PROCEDURE?
The Court granted preliminary approval of the
settlement, subject to a Final Fairness Hearing. At the Final
Fairness Hearing, the Court will be available to hear any
objections and arguments concerning the fairness of the
proposed settlement. The Final Fairness Hearing will take
place on July 15, 2019 at 9:00 am. in Department 61 of the
Los Angeles Superior Court (Courtroom of the Honorable
Gregory Keosian), which is located at 111 N Hill St, Los
Angeles, CA 90012
If you exclude yourself from the class, you are not
entitled to object at the Final Fairness Hearing. If you
decide to remain in the class and you wish to object to or
comment on the settlement, you may submit your
comments in writing as described below. If you wish to
appear at the hearing and be heard, you must also indicate
your intent to do so in writing. If you do not comply with
these procedures, you will not be entitled to be heard at the
Final Fairness Hearing, to contest the approval of the
settlement, or to appeal from any orders or judgments.
If the Court approves the settlement, the approval will
bind all Class members, except those who exclude
themselves, and the judgment will release all Class
members’ settled claims.
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WHAT ARE MY OPTIONS?
If you wish to receive the financial benefit of the
settlement, you must return a signed Proof of Claim form
on or before July 30, 2019, to the following address: Tracy
Neal-Lopez, Esq., Neal-Lopez Law Group 111 W. Ocean
Blvd, Suite 400, Long Beach, CA 90802.The Proof of
Claim form is contained in the notice you received.
Your interests as a Class member will be represented
by Plaintiffs’ Counsel without charge to you. You may
contact them at the following address: Geoffrey J. Spreter,
Esq., 601 3rd Street, Coronado, CA 92118. Or, if you
prefer, you may enter your own appearance or ask the Court
to allow you to participate through your own attorney, at
your own expense. An appearance must be filed with the
Court by July 5, 2019.
If you do not want to remain a member of the Class,
which means you do not want to receive the financial
benefits of the settlement (if approved), then you must send
a signed request for exclusion in writing, which includes:
(1) your name, address and telephone number; and (2) a
statement that you wish to be excluded from the settlement
to Plaintiffs’ Counsel: Geoffrey J. Spreter, Esq., Spreter &
Petiprin, APC, 601 3rd Street, Coronado, CA 92118; and
Tracy Neal-Lopez, Esq., Neal-Lopez Law Group 111 W.
Ocean Blvd, Suite 400, Long Beach, CA 90802. The
request for exclusion must be postmarked no later than
July 5, 2019. The Court will exclude all individuals from
the class if the individual complies with the above listed
requirements. By electing to be excluded from Settlement,
(1) you will not receive the financial benefits of the
settlement (if approved), even if you would otherwise be
entitled to it; (2) you will not be bound by any further order
or judgments entered for or against the Class; and (3) you
will have no right to object to the settlement or be heard at
any hearing scheduled for the Court’s consideration of the
settlement.
If you decide to remain in Class and you wish to object
to the settlement, you must submit your objection in writing
to (1) Clerk of the Court, Los Angeles Superior Court,
Stanley Mosk Court House, 111 N. Hill St, Los Angeles,
CA 90012; (2) Geoffrey J. Spreter, Esq., Spreter & Petiprin,
APC, 601 3rd Street, Coronado, CA 92118; and Tracy Neal-
Lopez, Esq., Neal-Lopez Law Group 111 W. Ocean Blvd,
Suite 400, Long Beach, CA 90802 (3). The objection must
be postmarked no later than July 5, 2019. Any objection
must include your name, your address, the name and
number of the case, and a statement of the reasons why you
believe that the Court should find that the proposed
settlement is not in the best interests of the class. An
appearance must be filed with the Court by July 5, 2019.
 HOW MAY I OBTAIN ADDITIONAL
INFORMATION?

The foregoing is only a summary of the lawsuit and the

proposed settlement. For more detailed information, you
may review the pleadings, records, the settlement
agreement, and other papers on file in the lawsuit, which
may be inspected at the Clerk’s Office, Los Angeles
Superior Court, Stanley Mosk Court House, 111 N. Hill St,
Los Angeles, CA 90012. The Clerk will make the files
relating to this lawsuit available to you for inspection and
copying at your own expense.

DATED: May 6, 2019

_____________________________
Honorable Gregory Keosian
Superior Court Judge

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