This website is maintained pursuant to court order. This is not a solicitation from a lawyer.
CALIFORNIA NOTICE OF PENDING CLASS ACTION SETTLEMENT
Gonzalez, et al. v. Bank of the West
California court, Case No. 23CV001422
If you were employed by Bank of the West as a non-exempt classified Mortgage Banker, Mortgage Banker HC NonNetwork, Mortgage Banker Private,
and/or Mortgage Banker Std NonNetwork (“Covered Position”) in California at any time from March 24, 2018, through January 27, 2023, you could
be a Class Member and receive a payment from a proposed class action settlement.
Read this notice carefully, as your legal rights could be affected whether you act or not
The Superior Court of California for the County of Sacramento (the “Court”) has preliminarily approved a class action settlement that may affect your legal rights. The proposed settlement resolves a class action lawsuit filed by Jose Gonzalez, David Lu, Requiba Herndon-Allen, David Daniel, and Martin Bermudez (collectively, “Plaintiffs”) against Bank of the West (“BOTW”) - Gonzalez, et al. v. Bank of the West , Sup.Ct. Sacramento Co., Case No. 23CV001422 (the “Lawsuit”).
• This Lawsuit is based on various allegations pursuant to California law, including but not limited to, Plaintiffs’ claims that Bank of the West (“BOTW”) failed to reimburse Class Members for necessary business expenses. The lawsuit also asserts violations of the California Private Attorneys General Act of 2004 (“PAGA”). Depending on your dates of employment, you may qualify for recovery under those claims as part of this settlement to the extent the Court grants final approval of this settlement.
• The settlement provides cash payments to Class Members who worked for BOTW in California in a Covered Position at any time from March 24, 2018, through January 27, 2023 (the “Class Period”), based on the number of months each Class Member worked during the Class Period.
• To the extent the Court grants final approval of the settlement, the settlement also provides for additional cash payments to Class Members who worked for BOTW in California at any time from March 24, 2021, through January 27, 2023 (the “PAGA Period”), based on the number of months each eligible Class Member worked during the PAGA Period.
• BMO Harris Bank N.A. as successor in interest to Bank of the West (“BMO”) denies Plaintiffs’ contentions and maintains it has fully complied with the law. By entering into this settlement, BMO in no way admits any violation of law or any liability whatsoever to Plaintiffs or Class Members, individually or collectively, and expressly denies all such liability.
• Plaintiffs and BMO have reached this settlement in light of all known facts and circumstances—including the risks of significant delay and uncertainty associated with litigation, various defenses asserted by BMO, and numerous potential appellate issues—with the assistance of an experienced mediator knowledgeable of both the wage and hour laws and class, collective, and representative claims at issue.
THIS WEBSITE IS NOT TO BE UNDERSTOOD OR VIEWED AS AN EXPRESSION OF ANY OPINION FROM THE COURT AS TO THE MERITS OF ANY OF THE CLAIMS ASSERTED BY PLAINTIFFS OR DEFENSES ASSERTED BY BMO
IF YOU ARE ELIGIBLE TO PARTICIPATE IN THE SETTLEMENT, YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT: | ||
---|---|---|
DO NOTHING | You do not have to do anything in response to this website. If you do nothing, you will remain eligible to automatically receive a Settlement Payment if the Court grants final approval of the settlement and be bound by the release provisions in the Settlement Agreement. | |
OPT OUT | You may opt out of the settlement by submitting a request for exclusion in the manner described in the Notice Of Pending Class Action Settlement. If you opt out, you may not object to the settlement, you shall not receive a Settlement Payment, and you shall not be bound by the release provisions in the Settlement Agreement. However, regardless if you choose to opt out, to the extent the Court grants final approval of the settlement and you worked within the PAGA Period identified above, you will still be sent a settlement check associated with those claims, as more fully described herein. | |
OBJECT | You may object to the settlement by submitting a written objection. If the Court grants final approval of the settlement despite your objection, you still will remain eligible to automatically receive a Settlement Payment if the Court grants final approval of the settlement and will be bound by the release provisions in the Settlement Agreement. However, you can only file an objection if you do not opt out of the settlement. |
For more details regarding this settlement, please reference the FAQs
section of this website, the Settlement Agreement,
the Notice Of Pending Class Action Settlement, and/or other documents
filed in the case under the "Court Documents" link above. You may also
contact the Claims Administrator for further information regarding this settlement.