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BATES v. RUBIO'S RESTAURANTS, INC.

No. G041231.

179 Cal.App.4th 1125 (2009)

JUSTIN BATES et al., Plaintiffs and Respondents, v. RUBIO'S RESTAURANTS, INC., Defendant and Appellant. KERRY O. BARTLETT et al., Plaintiffs and Respondents, v. RUBIO'S RESTAURANTS, INC., Defendant and Appellant.

Court of Appeals of California, Fourth District, Division Three.

November 30, 2009.

Attorney(s) appearing for the Case

Irell & Manella, Gregory R. Smith, Andra Barmash Greene and Julie M. Davis for Defendant and Appellant.

Righetti Law Firm, Matthew Righetti, John Glugoski; McInerney & Jones, Kevin J. McInerney, Kelly McInerney and Charles A. Jones for Plaintiffs and Respondents.

OPINION

MOORE, J.—

The parties in this wage and hour class action litigation entered into a $7.5 million settlement agreement, providing for three payments of $2.5 million to approved class members. After the initial $2.5 million payment was distributed among 529 approved class members, defendant and appellant Rubio's Restaurants, Inc. (Rubio's), realized it had not provided the names of all potential class members to the settlement administrator...

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