DeSoto v. Sears Roebuck & Co.

DeSoto, et al. v. Sears Roebuck & Co., No. RG 03096692, filed by Goldstein, Borgen, Dardarian & Ho in Alameda Superior Court on May 14, 2003, was a class action lawsuit for compensation for all hours worked, including overtime hours and payment of unpaid wages for travel and waiting time, on behalf of past and current Repair Technicians employed by Sears within the State of California at any time since November 15, 2001, who were dispatched from their homes to drive company vans to customer job sites.  Following a hearing on the issue, the court granted plaintiffs’ motion for class certification on September 21, 2004, making it one of the first class certification orders in California after the Supreme Court’s landmark Sav-On decision. This case was settled along with a companion case in New Jersey, for $15 million and injunctive relief.  On February 21, 2008, the United States Court of Appeals for the Third Circuit (Philadelphia) affirmed the District Court’s order approving our class/collective action settlement.