California Court of Appeal

In a wage-and-hour class action, orders sustaining a demurrer to cause of action under Business and Professions Code section 17200 and granting summary adjudication of labor law claims are reversed where: 1) a federal FLSA claim may serve as the predicate act for a section 17200 cause of action; 2) plaintiff telemarketers did not earn commissions sufficient to exempt them from California overtime laws; and 3) defendants unlawfully deducted points plaintiffs had earned from sales if a customer later cancelled the subscription.

Appellate Information

• Decided 03/29/2006
• Published 03/29/2006

Judges

• EPSTEIN, P.J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Thierman Law Firm, Mark R. Thierman;  Law Offices of Eric M. Epstein, Eric M. Epstein, Los Angeles;  Hoffman & Lazear, H. Tim Hoffman and Arthur Lazear, Oakland, for Plaintiff and Appellant.


• For Appellees:
  
• Law Office of Marjorie G. Fuller, Marjorie G. Fuller, Fullerton, Vicki Marolt Buchanan;  Silver & Freedman, Belle C. Mason, Los Angeles, and Stephen M. Bernardo, for Defendant and Respondent.