A proposed settlement has been reached in a class action lawsuit that was brought on behalf of a settlement class of people defined as “All individuals hired as independent contractors to be laborers or maintenance workers, or similar titles, for SOLA RENTALS, INC. in the State of California who worked more than one pay period since four (4) years prior to the filing of this action to the present.”

You have received the notice because Defendants’ records indicate that you may be a member of this class.

On January 25, 2019, Plaintiffs filed a complaint on behalf of themselves, the State of California, and all individuals hired as independent contractors to be laborers, or a similar title, for SOLA RENTALS, INC.; MARTIN MUOTO, in the State of California who worked one or more pay periods since four (4) years prior the filing of this action to the present.

Plaintiffs alleged, specifically, that SOLA RENTALS, INC. and MARTIN MUOTO (1) Failed to Pay Wages and/or Overtime Under Labor Code §§ 510, 1194, 1194.2, and 1199; (2) Failed to Provide Rest Breaks Pursuant to Labor Code §§226.7; (3) Violation of Labor Code §226(a); (4) Violation of Business & Professions Code § 17200; and (5) Labor Code § 2699, et seq.

SOLA RENTALS, INC. and MARTIN MUOTO deny Plaintiffs’ claims, and assert that they have complied with all of its legal obligations to its employees.

No. The Court has made no decision regarding the merits of Plaintiffs’ allegations or Defendants’ defenses.

The Parties reached a settlement in order to avoid the risk and expense of further litigation. Plaintiffs and their attorneys believe the proposed settlement is fair, adequate and in the best interest of the class members to whom it applies given the outcome of their investigation, the consumption of time and resources required in connection with further litigation, and the uncertainty in the law governing some of the claims presented. Although SOLA RENTALS, INC. and MARTIN MUOTO dispute Plaintiffs’ claims and assert they have complied with all of their legal obligations towards its employees, SOLA RENTALS, INC. and MARTIN MUOTO have also concluded that further litigation would be protracted and expensive, and would also divert resources and management and employee time.

The gross settlement amount is $520,000.00. Under the proposed settlement, the following amounts will be deducted before any payments are made to employees, subject to final approval by the Court:

After these deductions, approximately $297,074.00 will be available for payments to be made to the Class Members receiving the notice and who do not opt out of the Stipulation of Settlement.

Each Participating Class Member shall receive a proportional share of the Net Settlement Fund based on the total earnings he/she earned from January 25, 2015 through June 1, 2020 (the “Class Period”).

The lump sum payment to you shall be determined based upon the total earnings earned over the course of the Class Period (January 25, 2015 through June 1, 2020). The Claims Administrator will calculate the total “Pro Rata Settlement Value” for all Class Members by dividing the Net Settlement Fund proportionately to the entire class based on each Class Member’s total earnings over the course of the Class Period as reflected in Defendants’ business records. This calculation will result in an amount reflecting the settlement value to be assigned to eligible Class Members (the “Pro Rata Settlement Value”).

If you believe the information in the notice is incorrect regarding the total earnings earned by you, you will need to write and sign a letter detailing the total number of earnings you believe is correct and enclosing any documentation supporting your contention (for example: copies of checks or check stubs) to the Claims Administrator as follows:

SOLA RENTALS, INC. and MARTIN MUOTO ADMINISTRATOR
c/o JND Legal Administration
PO Box 91208
Seattle, WA 98111

You must submit such information by April 30, 2021. Make sure that you include your name on the letter and make clear that you are disputing the total number of earnings earned by you in SOLA RENTALS, INC. and MARTIN MUOTO’s records. The attorneys on both sides of this case will work together in good faith and do their best to promptly resolve the dispute based upon available records.

If you wish to receive a payment under the terms of this settlement, you do not have to do anything. However, it is advisable to confirm your current mailing address with the Claims Administrator in order to ensure you receive your settlement share at (833) 961-3463. You will be covered by the release summarized in Section 8 of the notice.

The claims you will Release by doing nothing are:

any and all claims, debts, liabilities, demands, obligations, guarantees, costs, expenses, attorney’s fees, damages, actions or causes of actions stated in the Complaint, actions or causes of action alleged, or which could have been alleged based on the facts set forth in the complaint during the Class Period. The release of PAGA claims is limited to facts and claims raised in Plaintiff’s notice letter to the LWDA. This release shall become effective upon full payment of the Gross Fund Value. This release excludes the release of claims not permitted by law.

The “Class Period” is from January 25, 2015 through June 1, 2020.

Anyone not wishing to participate in this settlement may exclude himself or herself ("opt out") by sending a written request for exclusion to the Claims Administrator at the address below. The request for exclusion must be signed by you or your authorized representative indicating that you wish to exclude yourself from the Stipulation of Settlement. The request for exclusion must be postmarked by April 30, 2021.

If your Request for Exclusion is postmarked after April 30, 2021, it will be rejected, and you will be a Class Member and be bound by the settlement terms.

Anyone who submits a timely and valid Request for Exclusion shall not be deemed a Class Member and will not receive any payment as part of this settlement. Such persons will keep any rights to sue SOLA RENTALS, INC. and MARTIN MUOTO separately about the claims in this Action. Requests for exclusion must be sent to:

SOLA RENTALS, INC. and MARTIN MUOTO ADMINISTRATOR
c/o JND Legal Administration
PO Box 91208
Seattle, WA 98111

Any objection to the settlement must be in writing, specify the reason(s) for the objection, and be mailed to the Claims Administrator no later than April 30, 2021. The Claims Administrator shall ensure that copies of the objection are filed with the Court and circulated to all Parties. Either of the Parties may file a responsive document to any objection with the Court. You cannot object to the Stipulation of Settlement if you request exclusion from the Settlement.

If you file and serve an objection, you will be bound by the terms of the Stipulation of Settlement, including the release of Released Claims as set forth above, unless the Stipulation of Settlement is not finally approved by the Court.

You do not need to hire your own lawyer because Class Counsel listed below is working on your behalf. However, if you want your own lawyer, you are free to hire one at your own expense.
 

The Stipulation of Settlement has only been preliminarily approved by the Court. The Court will hold a hearing in Dept. SS-6 of the Superior Court of California, Los Angeles County on June 1, 2021, at 9:00 am (Pacific Time), to consider any objections and determine whether the settlement should be finally approved as fair, reasonable, and adequate. The Court will also be asked to approve Class Counsel’s request for attorneys’ fees and costs and the costs of Settlement Administration. The hearing may be continued without further notice to you. It is not necessary for you to appear at this hearing.

The notice is a summary of the basic terms of the settlement. For the precise terms and conditions of the settlement, you may review the detailed "Settlement Agreement" on file with the Clerk of the Court or here. The pleadings and other records in this litigation may be examined at any time during regular business hours at the Office of the Clerk of the Los Angeles County Superior Court.

For further information, you may also telephone the Claims Administrator at (833) 961-3463 or Class Counsel.