Tellez
Tellez v. Rich Voss Trucking, Inc.
Opinion
Opinion
Elia, J.
Plaintiff Miguel Tellez appeals the trial court’s denial of his motion for class certification in what is essentially a wage and hour dispute. For reasons that follow, we must reverse the order denying class certification and remand to the trial court for an explanation of the court’s reasoning in denying the motion.
Facts and Proceedings Below
It is undisputed that plaintiff is a truck driver who worked for Rich Voss Trucking, Inc.
On June 22, 2012, plaintiff filed a putative class action complaint against Rich Voss Trucking, Inc. (RVT), Stevens Creek Quarry, Inc. (SCQ), and Richard A. Voss (collectively defendants) alleging wage and hour violations. Specifically, plaintiff contended that defendants were his joint employers and the employers of all similarly situated non-exempt current and former employees of defendants. Plaintiff’s class action complaint alleged 10 causes of action: (1) failure to provide required meal periods (Lab. Code, §§ 226.7, 510, 512, 1194, 1197; IWC wage order No. 16-2001), (2) failure to provide required rest periods (§§ 226.7, 512; IWC wage order No. 16-2001), (3) failure to pay overtime wages (§§ 226, 510, 1194, 1197; IWC wage order No.…