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AVIDOR v. SUTTER'S PLACE, INC.

No. H037142.

212 Cal.App.4th 1439 (2013)

151 Cal. Rptr. 3d 804

HAIM AVIDOR et al., Plaintiffs and Appellants, v. SUTTER'S PLACE, INC., Defendant and Respondent.

Court of Appeals of California, Sixth District.

January 23, 2013.

Attorney(s) appearing for the Case

Dennis F. Moss , Andrew Kopel ; Spiro Moore and Robert Ira Spiro for Plaintiffs and Appellants.

Goldstein, Demchak, Baller, Borgen & Dardarian, Laura L. Ho , Roberta Steele ; Winifred Kao ; Bianca Sierra ; Monali Sheth ; Della Barnett , Jocelyn D. Larkin , Michael Caesar ; Genevie Gallegos ; Catherine Ruckelshaus , Tsedeye Gebreselassie ; and Hina B. Shah for Asian Law Caucus, Centro Legal de la Raza , Equal Rights Advocates, The Impact Fund, La Raza Centro Legal, Legal Aid Society-Employment Law Center, National Employment Law Project and Women's Employment Rights Clinic at Golden Gate University as Amici Curiae on behalf of Plaintiffs and Appellants.

McManis Faulkner , James McManis , Sharon Kirsch and Matthew Schechter for Defendant and Respondent.

OPINION

ELIA, J. —

Plaintiff Haim Avidor (plaintiff) is the lead plaintiff in this class action by current and former card dealers employed by defendant Sutter's Place, Inc., doing business as Bay 101 (often abbreviated by the parties as Bay 101 or the casino), which operated a cardroom in San Jose. Bay 101 required its dealers to contribute a set amount of the gratuities they received from players to a common account, which was distributed...

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