Jaimez v. Daiohs USA, Inc., No. B209486

In plaintiff's suit against defendant employer seeking recovery of unpaid wages, denial of plaintiff's motion for class certification and subsequent motion for leave to amend complaint to substitute new class representative is affirmed in part and reversed in part where: 1) except as to a finding that plaintiff is not an adequate class representative, trial court did not apply the applicable criteria as it is evident that common legal and factual issues predominate over any individual issues with respect to the meal and rest break claims; and 2) denial of motion for leave to file the First Amended Complaint is reversed with directions to file it nunc pro tunc.     

Read Jaimez v. Daiohs USA, Inc., No. B209486 [HTML]

Read  Jaimez v. Daiohs USA, Inc., No. B209486 [PDF]

Appellate Information

Filed February 8, 2010

Judges

Opinion by Judge Johnson

Counsel
For Appellant:  Law Office of Joseph Antonelli, Joseph Antonelli, Janelle C. Carney, Law Office of Kevin T. Barnes,  Gregg Lander

For Appellee:   Sheppard Mullin Richter & Hampton, Tracey A. Kennedy, Jason W. Kearnaghan, Kevin M. Rivera