California Court of Appeal

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Faulkinbury v. Boyd & Assoc. Inc., G041702

In a suit brought by about 4000 current and former employees against an employer, claiming that the company, which provides security guard services throughout Southern California, denied meal and rest breaks and failed to pay for overtime, trial court's denial of their motion for class certification is affirmed in part, reversed in part and remanded where: 1) order denying the motion for class certification as to the meal break class and the rest break class is affirmed as the trial court did not abuse its discretion in finding common issues of law and fact did not predominate over individual issues; and 2) order denying the motion for class certification as to the overtime-pay class is reversed and remanded.

Appellate Information

  • Decided 06/24/2010
  • Published 06/24/2010

Judges

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • Class Action Litigation Group, Katherine J. Odenbreit, Rene L. Barge; Law Offices of Lawrence A. Witsoe, Lawrence A. Witsoe, Dean P. Schroeter; White & Roseman and Leslie Roseman for Plaintiffs and Appellants.

  • For Appellees:
  • Nordman Cormany Hair & Compton, Jonathan Fraser Light, Meghan B. Clark, Curtis A. Graham and Gannon Elizabeth Johnson for Defendant and Respondent.
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