550 North Brand Blvd., Suite 1500
Glendale, California 91203
(818-547-5200) | (626-795-0205)

EMAIL: tom@falveylaw.com

Jose Luis Rodriguez, Robert Enriquez, Brian Kniss, Alex Bergiadis and Santiago Mancias v. Fred Loya Insurance Agency, and Loya Casualty Insurance Company

Update 10/20/15 - Rodriguez v Loya proceeding with about a dozen employees as plaintiffs.

Several people chose to accept offers from Loya to settle their cases with Loya, rather than participate in a class action.  That was their choice.  As a result, we are now proceeding with a lawsuit with the original named plaintiffs, together with an additional group of former Loya employees to get the unpaid wages we feel was due them, as set forth in the amended complaint we’ve filed.

This is one of our contentions.  When they were required to be driving Loya cars which were nothing more nor less than billboards on wheels, they were entitled to be paid whenever they were driving those cars.  Does that sound like your case?

They were also required to fill in their time worked - in advance - and put in that they worked the same time each day, even though they may have, and usually did, start earlier and finish later than the time Loya made them put down.  Have you ever experienced that problem?

More to follow.

Update - June 10, 2013

In spite of the judge's ruling, making clear why this case was not subject to arbitration, Loya Insurance Co. has filed an appeal, hoping to have the court's ruling reversed.

We believe the court of appeal will uphold the denial, but will be prosecuting the case no matter what decision is reached.

If you were employed as an Appraiser for Fred Loya Insurance since September, 2008 in California, and would like to learn more about this case, please feel free to call or email us at your convenience.

5/13/13 - Update - Defendant's Request to Arbitrate Bergiadis Case Denied

For those of you following this case, we want to let you know of the current status.

Defendant Fred Loya Insurance attempted to force us to arbitrate Mr. Bergiadis case. They DID NOT seek to arbitrate all cases, because they didn't think they would win in regard to the other class representatives, so they only tried this with Mr. Bergiadis.

The judge put a hold on the case until this issue was decided. Now that it has been resolved, we will continue to move ahead with the lawsuit.

If you were or are employed by Fred Loya Insurance Agency and/or Loya Casualty Insurance Company as an Appraiser in the State of California since September, 2008, we would appreciate your contacting our office at 626.795.0205 at your earliest convenience if you have any questions, comment, or information you think might be helpful.

Plaintiff Allegations

A proposed class-action lawsuit has been filed by Jose Luis Rodriguez, Robert Enriquez, Brian Kniss, Alex Bergiadis and Santiago Mancias ("Plaintiffs") against Fred Loya Insurance Agency, and Loya Casualty Insurance Company (hereafter, referred to collectively, as "Loya"), on behalf of employees holding the title of Appraiser who worked for Defendants in California, at any time during the four years preceding the filing of the lawsuit on September 7, 2008. The case was filed in Los Angeles County Superior Court, Case No. BC 491770 (a copy of the complaint is attached).

In this lawsuit, filed on behalf of those class representatives and all others similarly situated, Plaintiffs contend that Loya did not comply with the requirements under California law for payment of wages. If successful, a class action allows former and current employees to receive back wages that are owed to them.

The court has not yet ruled on any of Plaintiff's allegations or determined whether the case is appropriate for class action status.

If you worked for Loya as an Appraiser in the State of California since September 8, 2008 , we would like to speak with you. Please contact us by either calling our office at 626.795.0205, by mailing us at 550 North Brand Blvd., Suite 1500, Glendale, California 91203, or by emailing us at tom@falveylaw.com.

We would be especially interested in being able to review earnings statements, paystubs, schedules, timesheets, timecards, job descriptions, mileage statements, and any other documents you feel might assist us in our goal. Perhaps you have documents discussing working during meal or rest breaks, or at home. Maybe you have records of time worked off the clock, for instance, before or after you arrived at your first appointment, and which your district or regional managers were aware.

We thank you in advance for any assistance you can provide.

Case Documents

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ADDRESS: 550 North Brand Blvd., Suite 1500, Glendale, California 91203 | P: 818-547-5200 or 626-795-0205
EMAIL: tom@falveylaw.com