Flores

INTRODUCTION

Plaintiffs Libertad Flores and Amanda Mignosi (Plaintiffs) brought a putative class action against their former employer, defendant Polly’s Pies, Inc. (Defendant), for alleged meal and rest period violations under the Labor Code.1 The trial court denied Plaintiffs’ motion for class certification and granted Defendant’s motion to strike the class allegations, finding the proposed subclasses lacked the requisite community of interest. The record supports the trial court’s finding. Accordingly, we affirm.

FACTS AND PROCEDURAL BACKGROUND

1. The Complaint and Competing Class Certification Motions Plaintiffs’ complaint asserts seven causes of action for (1) failure to provide meal breaks (§ 226.7 and Wage Order No. 5)3; (2) failure to provide rest breaks (§ 226.7 and

1 Statutory references are to the Labor Code, unless otherwise designated. 2 Defendant argues this appeal should be dismissed as premature, having been taken from an interlocutory order rather than a final judgment. Though the challenged order denied class certification and struck all class allegations with prejudice, Defendant contends the death knell exception to the one final judgment rule does not…