Espinoza
Espinoza v. Dole Fresh Vegetables CA2/6
Opinion
Opinion
Yegan, J.
Background In November 2006 Dole and Four Seasons signed a document entitled "Custom Harvesting and Packing Agreement" (the Contract). Four Seasons agreed, "as an independent contractor," to "provide all labor and all equipment necessary for the harvest, packing and transportation of the Product grown for Dole." The operative pleading, appellants' first amended complaint (the complaint), consists of eight causes of action. It names Four Seasons and Dole as defendants. The complaint alleges that "Defendants jointly employed [appellants] and the class members . . . and maintained and enforced" various "unlawful practices and policies . . . in violation of California minimum statutory wage and hour protections . . . ." In support of its motion for summary judgment, Dole submitted a separate statement of undisputed material facts. Appellants filed their own separate statement in which they asserted that Dole had hired the workers and had delegated to Four Seasons, via the Contract, its employer responsibilities and authority. In its order granting Dole's motion for summary judgment, the trial court concluded that Dole was not appellants' "joint employer." Standard of…