Soderstedt

Soderstedt v. CBIZ Southern California, LLC

Good Law
127 Cal. Rptr. 3d 394·197 Cal. App. 4th 133·2011 Cal. App. LEXIS 894
Court of Appeal of CaliforniaJune 7, 2011No. B224349California8,709 words

Opinion

Lead Opinion

Todd, J.

*138 Opinion

Plaintiffs and appellants Roger William Soderstedt, Jr., and Ruslan Daych appeal from an order denying class certification in the action they filed against their former employer, defendant and respondent CBIZ Southern California, LLC (CBIZ). As putative class representatives, they sought to certify a class of current and former employees assertedly misclassified by CBIZ as exempt from California’s overtime laws. The trial court ruled that a class action was not superior in light of the evidence submitted, finding that appellants failed to establish a predominance of common questions of law or fact, numerosity or adequacy.

We affirm. Substantial evidence supported the trial court’s ruling that appellants failed to meet their burden to establish the requirements necessary for class certification, and the trial court neither employed improper legal criteria nor made erroneous legal assumptions in reaching this conclusion.

FACTUAL AND PROCEDURAL BACKGROUND

The Complaint.

CBIZ is an accounting and financial services firm with offices in Los Angeles, Oxnard and Bakersfield. Accountants at CBIZ are required to hold an accounting degree and are each classified by one of…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.