Sandra Garcia v. Sun Pacific Farming Cooperative

MEMORANDUM

Sandra Garcia and Antonio Pompa Ayon, two former employees of Sun Pacific Farming Cooperative, Inc. (“Sun Pacific”), appeal from the district court’s denial of then* motion for class certification. Garcia and Ayon seek to certify a class of Sun Pacific agricultural workers alleging various wage and hour violations under federal and state law. Because Garcia and Ayon have not met the requirements of commonality and typicality under Federal Rule of Civil Procedure 23(a), we affirm.

As the district court explained, the record evidence—in particular, the conflicting employee declarations submitted by each party—does not establish common wage and hour practices at Sun Pacific, but rather the “[inconsistent application of the wage and hour laws between and among the various [work] Crews.” Garcia and Ayon thus failed to demonstrate that proposed class members “share[ ] legal issues with divergent factual predicates” or a “common core of salient facts coupled with disparate legal remedies.” Hanlon v. Chrysler Corp., 150 F.3d 1011, 1019 (9th Cir.1998). Similarly, the evidence at best showed that Garcia and Ayon’s practice claims were typical—or “reasonably co-extensive,” id.…