Aguiar

Aguiar v. Cintas Corp. No. 2

Good Law
144 Cal. App. 4th 121·2006 Cal. App. LEXIS 1663·2006 Daily Journal DAR 14317·50 Cal. Rptr. 3d 135·12 Wage & Hour Cas.2d (BNA) 18
Court of Appeal of CaliforniaSeptember 27, 2006B182477California6,886 words

Opinion

Opinion

Perluss, J.

Hermelinda Aguiar, Alicia Maria Aldrete, Aurora Banuelos and Maria Alicia Gonzalez (collectively plaintiffs) filed this lawsuit as a putative class action against their employer, Cintas Corporation No. 2 and Cintas Corporation No. 3 (Cintas), for violation of the Los Angeles Living Wage Ordinance (TWO) (L.A. Admin. Code, § 10.37 et seq.) and related claims. The trial court denied their motion for class certification, finding the proposed class was not ascertainable and lacked a well-defined community of interest and class treatment was not the superior means to resolve the litigation. Because the complexities of the case on which the trial court relied to find class certification inappropriate can be addressed by the use of subclasses and, with those issues resolved, the requirements for class treatment are satisfied, we reverse the order denying certification and remand the matter with directions for the trial court to certify two subclasses of Cintas employees and to conduct further proceedings not inconsistent with this opinion.

FACTUAL AND PROCEDURAL BACKGROUND

1. The Los Angeles Living Wage Ordinance and Implementing Regulations

Effective May 5, 1997, the City of…

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