ELECTRONICALLY
`F I L E D
`
`Superior Court of California,
`County of San Francisco
`12/02/2024
`Clerk of the Court
`BY: ERNALYN BURA
`Deputy Clerk
`
`SUPERIOR COURT OF THE STATE OF CALIFORNIA
`
`FOR THE COUNTY OF SAN FRANCISCO
`
`
`
`BOKHOUR LAW GROUP, P.C.
`Mehrdad Bokhour, Esq., CA Bar No. 285256
`mehrdad@bokhourlaw.com
`1901 Avenue of the Stars, Suite 450
`Los Angeles, California 90067
`Tel: (310) 975-1493; Fax: (310) 675-0861
`
`FALAKASSA LAW, P.C.
`Joshua S. Falakassa, CA Bar No. 295045
`josh@falakassalaw.com
`1901 Avenue of the Stars, Suite 450
`Los Angeles, California 90067
`Tel: (818) 456-6168; Fax: (888) 505-0868
`
`Attorneys for Plaintiff and the Putative Classes
`
`
`ELORES TAYLOR, on behalf of herself and all
`others similarly situated,
`
`Plaintiff,
`
`v.
`
`
`TAPESTRY MANAGEMENT SERVICES,
`Inc., an Alabama Corporation; and DOES 1-50,
`inclusive.
`
`
`Defendants.
`
` CASE NO.: CGC-24-616126
`
`Assigned to Hon. Richard B. Ulmer, Jr.
`
`DECLARATION OF MEHRDAD
`BOKHOUR IN SUPPORT OF
`PLAINTIFF’S NOTICE OF MOTION AND
`MOTION FOR REQUEST FOR
`DISMISSAL OF CLASS ACTION CLAIMS
`WITHOUT PREJUDICE PURSUANT TO
`CALIFORNIA RULES OF COURT, RULE
`3.770
`
`Hearing Information:
`
`Date: January 28, 2025
`Time: 9:30 a.m.
`Dept: 302
`
`[Declaration of Mehrdad Bokhour and
`[Proposed] Order
`filed
`concurrently
`herewith]
`
`
`
`
`
`
`
`
`
`
`
`
`
`DECLARATION OF MEHRDAD BOKHOUR
`
`
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`
`
`
`

`

`
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`
`
`
`
`DECLARATION OF MEHRDAD BOKHOUR
`I, Mehrdad Bokhour, declare as follows:
`1.
`I am an attorney at law, duly authorized to practice before all of the courts of the State
`of California. I am attorney at the law firm of Bokhour Law Group, P.C., attorneys of record for
`Plaintiff Elores Taylor (“Plaintiff”), along with co-counsel, Joshua Falakassa of Falakassa Law, P.C.
`2.
`I am familiar with the files, pleadings, and facts in this case and could and would
`competently testify to the following facts on the basis of my own personal knowledge or information
`and belief.
`3.
`I am submitting this declaration in support of Plaintiff’s Notice of Motion and Motion
`for Request for Dismissal of Class Action Claims Without Prejudice Pursuant to California Rules of
`Court, Rule 3.770.
`4.
`On July 3, 2024, Plaintiff filed a wage and hour class action complaint in the Superior
`Court for the County of San Francisco, entitled Elores Taylor v. Tapestry Management Services, Inc.,
`alleging various wage and hour violations under California law.
`5.
`However, Plaintiff’s Counsel discovered that Defendant’s operation in California had
`limited number of employees making this case not viable to pursue on a class action basis.
`6.
`Thereafter, the Parties agreed to settle Plaintiff’s claims on an individual basis.
`Therefore, Plaintiff believes it would be a waste of judicial time and resources for Plaintiff to
`continue pursuing a class action.
`7.
`Defendant is not providing any direct or indirect consideration to Plaintiff or her
`Counsel in exchange for dismissal of the class claims, without prejudice.
`8.
`Plaintiff has not moved for class certification and the Court has not ruled on class
`certification. Therefore, no notice to putative class members has been issued in this action.
`9.
`Neither Plaintiff nor Plaintiff’s Counsel have contacted other putative class members
`to alert them to the existence of this matter.
`10.
`Additionally, the putative class members are not likely to suffer any prejudice due to
`the dismissal of this action without prejudice. The dismissal will be without prejudice and will not
`create a procedural bar to any putative class member filing a claim. Id. After the dismissal, the
`
`
`
`
`
`2
`DECLARATION OF MEHRDAD BOKHOUR
`
`
`
`

`

`putative class members will be in the same position as they were when the suit was initially filed.
`11.
`Finally, because putative class members will not be prejudiced by the dismissal this
`action without prejudice, notice of dismissal to the putative class members is not required.
`I declare, under penalty of perjury under the laws of the State of California, that the
`aforementioned facts are true and correct. Executed on December 2, 2024, at Los Angeles,
`California.
`
`_____________________________________
`Mehrdad Bokhour
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`3
`DECLARATION OF MEHRDAD BOKHOUR
`
`

`

`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`PROOF OF SERVICE
`STATE OF CALIFORNIA, COUNTY OF LOS ANGELES
`I am employed in the County of Los Angeles, State of California. I am over the age of
`eighteen years and not a party to the action; my business address is 1901 Avenue of the Stars, Suite
`450, Los Angeles, California 90067.
`On December 2, 2024, I served the following document(s) described as DECLARATION
`OF MEHRDAD BOKHOUR IN SUPPORT OF PLAINTIFF’S NOTICE OF MOTION AND
`MOTION FOR REQUEST FOR DISMISSAL OF CLASS ACTION CLAIMS WITHOUT
`PREJUDICE PURSUANT TO CALIFORNIA RULES OF COURT, RULE 3.770 the interested
`parties in this action:
`
`Martha Doty, Esq.
`Martha.Doty@alston.com
`ALSTON & BIRD
`350 South Grand Avenue, 51st Floor
`Los Angeles, California 90071
`Counsel for defendant Tapestry Management Services, Inc.
`
`BY ELECTRONIC SERVICE: I transmitted the above-referenced document(s) via
`electronic service provider First Legal to the person(s) identified above at the email address(es)
`indicated and did not, within a reasonable time after transmission, receive any message or
`communication indicating that delivery failed or that any other error had occurred which would
`delay or caused failure in transmission and delivery of the document and/or any attachments thereto.
`I declare under penalty of perjury under the laws of the State of California that the foregoing
`is true and correct.
`Executed on December 2, 2024, at Los Angeles, California.
`
`
`Carlos Garcia
`
`PROOF OF SERVICE
`
`