Update Information On Class Action Lawsuit Of Nicole Wheat v. Mario Marovic

Update Information On Class Action Lawsuit Of Nicole Wheat v. Mario Marovic

On July 15, 2021, a class action lawsuit was filed in the Superior Court of California, County of Orange, styled Nicole Wheat v. Mario Marovic, et. al., Case No: 30-2021-01210986-CU-OE-CXC. A copy of the operative complaint can be accessed here.  This class action lawsuit seeks to recover unpaid wages, premium wages for missed meal and rest breaks, and other statutory penalties for current and former employees who work or have worked at various restaurant and bars owned or operated by Mario Marovic, including:

  • Lounge Group, Inc.
  • The Balboa, LLC
  • Orange Plaza Square, LLC
  • Oceanfront Deli, Inc.
  • Orange Circle Lounge, Inc.
  • Newport Taco, LLC
  • Peninsula Restaurant Group, Inc.
  • Newport Oceanfront, LLC
  • Cold Brew, LLC
  • Mariner’s Restaurant, LLC
  • 100 North, LLC
  • Fullerton Lounge, Inc.
  • Helmsman Ale House
  • Malarky’s Irish Pub
  • Stag Bar
  • Dory Deli
  • Muldoon’s Irish Pub
  • Wild Goose Tavern
  • Playa Mesa
  • The Country Club
  • Blackie’s By The Sea
  • The District Lounge Old Town Orange
  • Matador Cantina
  • 2j’s Lounge
  • Super Panga Taqueria

On March 23, 2022, the Orange County Superior Court of California entered a stipulated order staying the class action so that the parties may participate in a mediation currently scheduled for November of 2022, in the hopes that they can reach a class-wide settlement.  The stipulated order also prohibits the Defendants from requiring current and former employees to sign “Pick Up Stix” style settlement release agreements (the name is derived from the case Chindarah v. Pick Up Stix, Inc. (2009) 171 Cal.App.4th 796), which releases Defendants’ liability in this class action as to each individual who signs it.  A copy of the stipulated order can be accessed here.

If you are a current or former employee of any of the bars or restaurants owned or operated by Mario Marovic and you are asked to sign a release agreement as a condition of continued employment or as a condition of receiving your final paycheck or other benefit, you have rights, including the right to consult with an attorney of your own choosing before signing any release agreement.

If you would like more information about this class action lawsuit, contact Rolando J. Gutierrez at (213) 613-0500 or at [email protected].

Rolando Gutierrez

Rolando Gutierrez is Special Counsel with BROWN WHITE & OSBORN, LLP. His practice primarily focuses on complex litigation including Consumer Class Actions, Wage & Hour Class Actions, and PAGA Actions. Mr. Gutierrez also litigates employment and personal injury matters.
Rolando Gutierrez