California Court of Appeal

In class action where plaintiff claims adjusters sued their employers, defendants-insurance companies, seeking damages based on overtime work for which plaintiffs allege they were not properly paid, orders denying plaintiff's motion for summary adjudication and partially granting defendants' motion to decertify the class are vacated where: 1) plaintiffs are not exempt from the overtime compensation requirements imposed by California law; and 2) no evidence shows that any class members primarily engage in work at the level of management policy or general operations.

Appellate Information

• Decided 08/16/2007
• Published 08/16/2007

Judges

• ROTHSCHILD, J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Lerach Coughlin Stoia Geller Rudman & Robbins, Theodore J. Pintar, Steven W. Pepich and Kevin K. Green, San Diego;  Cohelan & Khoury, Timothy D. Cohelan and Isam C. Khoury, San Diego;  Spiro, Moss, Barness & Harrison, Dennis F. Moss and Ira Spiro, Los Angeles, for Petitioners and Real Parties in Interest Frances Harris, Dwayne Garner, Marion Brenish-Smith, Steven Brickman, Kelly Gray, Adell Butler-Mitchell and Lisa McCauley., Sheppard Mullin Richter & Hampton, Douglas R. Hart, Los Angeles, Robert J. Stumpf, San Francisco, and Geoffrey D. DeBoskey, Los Angeles;  William V. Whelan and Karin Dougan Vogel, San Diego, for Petitioners and Real Parties in Interest Liberty Mutual Insurance Company, and Golden Eagle Insurance Corporation.


• For Appellees:
  
• No appearance for Respondent.