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

EMAIL: tom@falveylaw.com

Gelakoska v. Du-Par's Class Action Lawsuit

Update: 5-21-2018 - We are no longer pursuing this class action

We're grateful to all of those who assisted us in regard to this case, and wish all of you the best.

Unfortunately, due to the financial facts surrounding the defendant, we have chosen to no longer pursue this matter as a class action. Anyone who believes he/she were mistreated by any employer, including Du-Par's, can of course proceed on an individual basis.

If you would like to discuss your employment for any other employer, we'd of course be glad to speak with you. Please call us at 626-795-0205 or 818-547-5200.

Thanks very much.

Update: November 1, 2016

We filed this case over three years ago.  Since that time, DuPar's, through its owner, Biff Naylor, claims that he sold the company to Early California Restaurants, Inc. who is still operating the same Du-Par’s restaurant locations.

Now according to our information, DuPar's had a lot of shareholders.  Maybe Biff gave or sold shares to former or current employees.  Maybe he hopes they won't talk to us. By any chance do you have any information on any of the shareholders?

Here is a list of some of the members of the advisory committee at one time or another:  

Kevin Foti
Francis Maldonado
Dave Clark
Greg Naylor
Marlena Naylor
Richard Reinis
Lee Garson
Karen Rider
Jason Melvin
Tom Shapiro
Steven Roy
Bud Johnson
Peter Tamny
Wes Parker
Peter Brockett

If Biff sold the company, presumably those shareholders either got stock in the new company, or at least something as part of the sale.  Do you know anything about that?

Here's where we can use your help.  Du-Par's claims it simply sold the assets, and did nothing in relation to the liabilities - including this case - when it did so. We seriously doubt that. Do you know anything about that sale, or know anyone who has information about the sale?

So if you worked for DuPar's in California since June of 2009, maybe you'd want to call us, because, despite the passage of time and that supposed sale, we're still pursuing this case.

Update: November 1, 2015

If a person is REQUIRED to remain on the work location, such as at Du-Par’s restaurant, that may well constitute a violation of the statute involving Meal Breaks.  If one is unable to take a meal break, either because it’s never provided, or because there’s too much work, and the break can’t be taken, or if the person can’t leave the premises, the employer may have caused a meal break violation to take place.  

Ironically, If a person is denied a meal break, even in a restaurant, she may owed ONE HOUR’s PAY for each day that occurs.  Have you ever been told you couldn’t leave your work area to take a meal break?  

We have been informed that DuPar’s has been sold.  Yet while it was sold, those restaurants continue to operate.  We would be grateful if those of you who were working for DuPar’s in the past years, and/or are still working for DuPar’s would call or email us to discuss your employment situation.  Thanks very much.  We hope to hear from you soon.

Plaintiff's Allegations

A proposed class-action lawsuit has been filed by Rebecca Gelakoska and Veronica Gelakoska ("Plaintiffs") against Du-Par’s Restaurant & Bakery, and DP Restaurant Holdings, Inc. (Defendant), on behalf of individual who were employed by Du-Par’s as Restaurant Workers in California during the four years preceding the filing of the lawsuit on June 7, 2013. The case was filed in Los Angeles County Superior Court, as Case No. BC 511514.

Thereafter, on June 17, 2013, the complaint was amended. A copy of the First Amended Complaint is attached to this webpage.

In this lawsuit, filed on behalf of themselves and all others similarly situated, Plaintiffs contend that DuPar’s 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 were employed by DuPar’s as a Restaurant Worker at any time since June 7, 2009, 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.

DISCLAIMER: The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

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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