California Court of Appeal

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Cristler v. Express Messenger Sys., Inc., D050719

In a class action suit against defendant-parcel delivery company for improper classification of employees as independent contractors, judgment in favor of defendant-company is affirmed over claims of error that the trial court: 1) abused its discretion by failing to amend the class definition in light of developments subsequent to class certification; 2) erred in instructing the jury as to both the burden of proof and with respect to the pertinent classification factors that distinguished employees from independent contractors; 3) applied incorrect legal standards in adjudicating plaintiffs' unfair and unlawful business practices causes of action; 4) abused its discretion by allowing the introduction of irrelevant and "inflammatory" evidence as to the relative benefits of independent contractor status; and 5) erroneously permitted defendant to recover costs for the production of exhibits that were not used at trial.

Appellate Information

  • Decided 02/11/2009
  • Published 02/11/2009


  • IRION, J.


  • California Court of Appeal


  • For Appellant:
  • Mark A. Pope, Pope, Berger & Williams, Jon R. Williams, Boudreau Williams LLP, San Diego, CA, for Plaintiffs and Appellants.

  • For Appellees:
  • Robert G. Hulteng, Littler, Mendelson, P.C., San Francisco, CA, Phillip L. Kossy, Luce, Forward, Hamilton & Scripps, San Diego, CA, for Defendants and Respondents.
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