LAWS, WHETHER FOR ECONOMIC DAMAGES, NON-ECONOMIC DAMAGES, RESTITUTION,
PENALTIES OR LIQUIDATED DAMAGES, ARISING OUT OF:
[A]
ANY AND ALL FACTS, TRANSACTIONS, EVENTS, POLICIES, OCCURRENCES,
ACTS, DISCLOSURES, STATEMENTS, OMISSIONS OR FAILURES TO ACT ALLEGED, OR RELATED
TO ACTS ALLEGED, IN THE CLASS COMPLAINT, INCLUDING BUT NOT LIMITED TO CLAIMS:
(I) THAT ALLSTATE DID NOT PAY THE CLASS MEMBERS ALL OVERTIME THEY WERE OWED FOR
WORK PERFORMED AS CLASS MEMBERS IN CALIFORNIA; (II) THAT ALLSTATE FAILED TO
PROVIDE BREAKS TO THE CLASS MEMBERS WHILE THEY PERFORMED WORK AS CLASS MEMBERS
IN THE STATE OF CALIFORNIA; AND/OR (III) THAT ALLSTATE OWES WAGES, WAITING-TIME
PENALTIES, PENALTIES, INCLUDING ANY PENALTIES WHICH MAY BE AVAILABLE PURSUANT TO
THE PAGA,
Class Action Settlement Agreement
Page 15
INTEREST, ATTORNEYS' FEES OR OTHER DAMAGES OF ANY KIND RELATED TO THE CLAIMS
ALLEGED IN THE CLASS COMPLAINT, AT ANY TIME ON OR BEFORE THE LAST DAY OF THE
CLASS PERIOD (WHETHER BASED ON CALIFORNIA STATE WAGE AND HOUR LAW, CONTRACT, OR
OTHERWISE); AND/OR
[B]
THE CAUSES OF ACTION ASSERTED IN THE CLASS COMPLAINT, INCLUDING
BUT NOT LIMITED TO ANY AND ALL CLAIMS FOR ALLEGED FAILURE TO PAY OVERTIME, FOR
ALLEGED FAILURE TO PROVIDE BREAKS, FOR ALLEGED FAILURE TO MAINTAIN AND FURNISH
RECORDS OF HOURS WORKED, FOR ALLEGED UNLAWFUL CONVERSION OF WAGES, FOR FAILURE
TO TIMELY PAY WAGES, FOR ALLEGED MINIMUM WAGE AND PAY STUB VIOLATIONS AND
RELATED VIOLATIONS OF WAGE ORDERS, FOR WAITING TIME PENALTIES, AND, AS RELATED
TO THE FOREGOING, FOR ALLEGED UNLAWFUL, UNFAIR AND/OR FRAUDULENT BUSINESS
PRACTICES UNDER CALIFORNIA BUSINESS AND PROFESSIONS CODE SECTION 17200, ET SEQ.
(2)
THE RELEASED CLAIMS INCLUDE ANY UNKNOWN CLAIMS THAT THE
CLASS MEMBERS DO NOT KNOW OR SUSPECT TO EXIST IN THEIR FAVOR AT THE TIME OF THE
RELEASE, WHICH, IF KNOWN BY THEM, MIGHT HAVE AFFECTED THEIR SETTLEMENT WITH, AND
RELEASE OF, THE RELEASED PARTIES OR MIGHT HAVE AFFECTED THEIR DECISION NOT TO
OBJECT TO THIS SETTLEMENT. WITH RESPECT TO THE RELEASED CLAIMS, THE
CLASS MEMBERS STIPULATE AND AGREE THAT, UPON THE EFFECTIVE DATE, THE
CLASS MEMBERS SHALL BE DEEMED TO HAVE, AND BY OPERATION OF THE FINAL JUDGMENT
SHALL HAVE, EXPRESSLY WAIVED AND RELINQUISHED, TO THE FULLEST EXTENT PERMITTED
BY LAW, THE PROVISIONS, RIGHTS AND BENEFITS OF SECTION 1542 OF THE CALIFORNIA
CIVIL CODE, OR ANY OTHER SIMILAR PROVISION UNDER FEDERAL OR STATE LAW, WHICH
SECTION PROVIDES:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR
SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH
IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH
THE DEBTOR.
(B)
THE CLASS MEMBERS MAY HEREAFTER DISCOVER FACTS IN ADDITION TO OR
DIFFERENT FROM THOSE THEY NOW KNOW OR BELIEVE TO BE TRUE WITH RESPECT TO THE
SUBJECT MATTER OF THE RELEASED CLAIMS, BUT UPON THE EFFECTIVE DATE, SHALL BE
DEEMED TO HAVE, AND BY OPERATION OF THE FINAL JUDGMENT SHALL HAVE, FULLY,
FINALLY, AND FOREVER SETTLED AND RELEASED ANY AND ALL OF THE RELEASED