California Court of Appeal

In an action for unpaid compensation, trial court judgment against plaintiffs is affirmed in part, reversed in part, and remanded where: 1) court erred in granting summary judgment on plaintiffs' claim for overtime compensation as defendant failed to carry its initial burden of proof to show the motor carrier exemption applied to all of plaintiffs' workdays and that they were exempt from overtime laws; 2) court erred in sustaining defendant's demurrer to plaintiffs' claim for breach of an express contract as the complaint contained sufficient facts to state a cause of action on the claim; 3) court properly granted summary judgment on claims of failure to pay wages and for breach of implied-in-fact contract; and 4) court erred in granting summary judgment for the claims of failure to furnish itemized statements, failure to pay wages at the end of employment, unfair competition, and promissory estoppel.

Appellate Information

• Decided 04/28/2009
• Published 04/28/2009

Judges

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• David R. Greifinger, Santa Monica;  Howard A. Goldstein, Van Nuys;  Arias Ozzello & Gignac, Mark A. Ozzello, Mike Arias, Los Angeles, and Stephanie Lai, Long Beach, for Plaintiffs and Appellants.


• For Appellees:
  
• Drinker Biddle & Reath, Alan J. Lazarus, Cheryl D. Orr and Susan B. Burr, San Francisco, for Defendant and Respondent.