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Please DocuSign Hoff v. DHE - Class Action R
Please DocuSign Hoff v. DHE - Class Action R
1. Authorization
Client hereby authorizes the Firms or any successor professional, corporation or attorneys
thereof, for the purpose of filing a Class Action and/or PAGA Representative Action against
DEPENDABLE HIGHWAY EXPRESS, NC., and/or any related entities, for their (1) failure
to pay minimum wages for all hours worked (2) failure to provide compliant meal periods and
failure to pay missed meal period premiums in violation of Cal. Labor Code §§ 226.7 and 512;
(3) failure to provide compliant rest periods, and pay missed rest period premiums in violation of
Cal. Labor Code § 226.7; (4) failure to pay all wages owed upon separation, in violation of Cal.
Labor Code §§ 201-203; (d) failure to pay wages timely in violation of Labor Code §§ 204, 210;
(5) failure to provide itemized and accurate wage statements, in violation of Cal. Labor Code §§
226 and 226.3; (6) failure to indemnify for all necessary expenditures or losses incurred (7)
unfair competition based on the foregoing (Cal. Bus. & Prof. Code § 17200); and (8) legal
sanctions based on previous violations under the Private Attorney General Act of California
(“PAGA”).
Client further authorizes the Firms to conduct investigations, contact and interview
witnesses, and take all other steps necessary to litigate and represent the Client in connection
with the Class Action and/or to otherwise represent the Client in connection with the PAGA
Action.
Client further authorizes the Firms to send a letter to the LWDA to inform them of the
claim of PAGA penalties and to wait 60 days from the date of the sending of the letter before
filing the PAGA Representative Action.
Client understands that in the event, that the client has entered into an arbitration
agreement with the Company, the Firms will represent client in a PAGA Representative Action
and not a Class Action and only seek those penalties available under PAGA.
2. Limits of Representation
Client understands that this Agreement only pertains to legal representation outlined in
Paragraph 1 and does not cover any other claims Client may now or in the future have against the
Company, or any other matter not covered by Paragraph 1, above.
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Clients Initials _________
DocuSign Envelope ID: C6593A4B-983C-448D-B766-0DA21E36DA6A
b. Client understands that the Firms will advance all legal and investigative costs in
connection with the Firms’ representation of Client under this Agreement. Client understands
and agrees that the Firms shall be reimbursed out of any recovery obtained, for all Costs it
advanced before any distribution of attorneys’ fees to the Firms or any distribution to Client or
the Class. For purposes of this Agreement, “Costs” shall include, but are not limited to filing
fees, deposition costs, expert fees, mediation fees, messenger service fees, process server fees
and legal research fees.
c. Client understands that if Client does not prevail on Client’s claims, Client will
owe nothing to the Firms for legal services or Costs advanced.
e. Client understands and agrees that all attorneys’ fees that may be recovered from
the Company, whether by settlement or litigation pursuant to any law, shall belong to the Firms.
Sanctions awarded by the court against the Company and/or its counsel solely belong to the
Firms, and are not part of any recovery.
f. Clients understands and agreed that the attorneys’ fees set forth in this Agreement
are not set by law and were negotiated by Client with the Firms.
g. The Firms shall have a lien on any Amount Recovered by Client in this case,
whether by settlement or judgment, for services rendered and costs advanced in this matter,
whether Client has withdrawn from this Retainer Agreement, or whether Attorneys have
withdrawn from this Retainer Agreement.
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Clients Initials _________
DocuSign Envelope ID: C6593A4B-983C-448D-B766-0DA21E36DA6A
4. Settlement Approval
Client understands that no settlement of Client’s individual claims will be made without
Client’s approval, and Client retains the ultimate authority to accept or reject any individual
settlement offer made to him by Defendant. Any settlement offered by Defendant to settle the
claims of the class, however, shall be subject to Court approval.
Client agrees not to waive in whole or in part, the right to recover attorneys’ fees and/or
costs as a condition of settlement.
It is understood and agreed that both Client, on the one hand, and the Firms, on the other
hand, have the right to withdraw from this Agreement at any time after giving thirty (30) days
written notice to the other party. In the event that either Client or the Firms withdraws from this
Agreement, and a monetary recovery subsequently is obtained by Client, either by settlement,
judgment or otherwise, then Client agrees that Client will be responsible for all unpaid costs and
expenses advanced by the Firms on Client’s behalf, and for payment of the Firms’ fees, as
provided for by law.
7. Cooperation by Client
Client agrees to keep the Firms advised of Client’s whereabouts (i.e., phone number and
address of current residence), appear on reasonable notice at any scheduled meetings,
conferences, mediation, hearings or other proceedings related to the matters covered by this
Agreement, and comply with all reasonable requests in connection with the preparation and
representation of Client in the matters covered by this Agreement.
8. No Guarantees or Promises
Client agrees and acknowledges that although the Firms may offer their professional
opinion about possible results regarding the determination of Client’s claims and the Class
Action and/or PAGA Action to be filed under this Agreement, the Firms cannot guarantee any
particular result. Client further agrees and acknowledges that the Firm has made no promises to
Client about the outcome of any proceedings to be initiated under this Agreement, and that any
opinion regarding such proceedings that the Firms may offer in the future will not constitute a
guarantee.
Client is informed that Rules of Professional Conduct of the State Bar of California
require the Client’s informed written consent before the Firms may concurrently represent two or
more clients with an interest in the same subject matter. The Firms have explained to Client the
possibility of conflict that is presented by such multiple representation. Client hereby expressly
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Clients Initials _________
DocuSign Envelope ID: C6593A4B-983C-448D-B766-0DA21E36DA6A
consents to such multiple representation in the event additional employees or former employees
of the Defendant retain the Firms, despite the possibility of conflict.
Client also acknowledges that he has been informed of his duties as a Class
Representative and/or PAGA Representative, specifically including his fiduciary obligation to
represent the interests of the class as a whole in this Class Action and/or PAGA Action lawsuit.
10. Confidentiality
Client is informed that California state law prohibits an attorneys from disclosing
confidential communications or secrets of a client. Client understands that the Firm may
represent more than one client with similar claims against Defendant. Client agrees that any
communications and information obtained by the Firms in the course of such representation may
be disclosed to all such clients, unless Client informs the Firms in writing of Client’s desire that a
particular communication or item of information be considered confidential and not be shared
with other clients. Client hereby expressly agrees that any communications and information,
except for communications and items of information about which Client has informed the Firms
in writing that confidentiality must be maintained, may be fully disclosed by the Firms, if
necessary in the Firms’ discretion, to all of its clients who have claims against the Defendant.
This agreement is governed by and should be construed in accordance with the laws of
the State of California.
Any and all disputes arising under this Agreement or in connection with the Attorneys’
services hereunder, including any claim for malpractice, shall be resolved by binding arbitration
in accordance with the rules of the American Arbitration Association. The Firms and Client will
equally share the cost of the arbitrator’s fees. The Attorneys have explained to Client regarding
such arbitration that:
1. The parties (Attorneys and Client) are waiving their right to a jury trial and their
right to seek remedies available in court proceedings;
2. Pre-arbitration discovery is generally more limited and different from court
proceedings;
3. The arbitrator’s award shall not include factual findings or legal reasoning; and
4. Any party’s right to appeal or to seek modification of the award is strictly limited
and that the award is final and binding on the parties.
I understand that Attorneys have explained that binding arbitration may deprive me of
various rights that I otherwise might have in a legal action, including, but not limited to a right to
a jury trial, the right to appeal and full discovery rights. In the event that any dispute arises
between Attorneys and Client arising under this Agreement or in connection with Attorneys’
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Clients Initials _________
DocuSign Envelope ID: C6593A4B-983C-448D-B766-0DA21E36DA6A
services hereunder, including any claim for malpractice, attorneys’ fees disputes and any other
matter, Attorneys and Client agree that each party will bear their own respective attorneys’ fees.
Client is informed that all settlement amounts and judgments obtained are reportable to
the IRS and are considered taxable income. That means that Client will owe taxes on any
settlement and/or judgment amounts. Client is informed that Attorneys do not give tax advice
and Client must speak to or consult with an accountant to ascertain the total tax liability
for any settlement and/or judgment.
Client understands and consents to Attorneys storing and/or backing-up files related to
Client’s case with a secure online back-up service and/or server. Once this matter has been
concluded and following the termination of the attorney-client relationship, Client agrees that
Attorneys shall not be required to maintain any papers, records, files or other writings relating to
Client’s matter for more than two years thereafter. Client hereby agrees, upon the expiration
of two years after termination of the relationship, that Attorneys shall be free to destroy
said file and records.
The effective date of this agreement will be the date when, having been executed by
Client, one copy of the agreement is received by Attorneys. This Legal Services Agreement
contains the entire agreement of the parties. No other agreement, statement, or promise made on
or before the effective date of this agreement will be binding on the parties. This Agreement
represents the total agreement between Client and the Firms regarding attorneys’ fees and costs
and other terms regarding the Firms’ representation of Client. Any modifications, additions or
other changes to this Agreement shall be made only in writing and signed by both Client and the
Firms.
16. No Loans/Advances
Client understands the Firms’ policy that the Firms do not loan money or make monetary
advances to clients, and Client will not seek a loan from the Firms.
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Clients Initials _________
DocuSign Envelope ID: C6593A4B-983C-448D-B766-0DA21E36DA6A
accept the risks attendant to electronic communications and authorize Attorneys to communicate
with Client electronically.
This written Retainer Agreement represents and constitutes the total agreement between
Client, on the one hand, and the Firms on the other hand, regarding attorneys fees and costs and
other terms regarding the Firms’ representation of Client. Any modifications, additions or other
changes to this Agreement shall be made only in writing and signed by both Client and the
Firms.
THE CLIENT:
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Clients Initials _________