Plancich

Plancich v. United Parcel Service, Inc.

Caution
129 Cal. Rptr. 3d 484·198 Cal. App. 4th 308·2011 Cal. App. LEXIS 1061
Court of Appeal of CaliforniaAugust 11, 2011No. E050631California2,735 words

Opinion

Lead Opinion

Miller, J.

Larry Plancich (Plancich) sued United Parcel Service, Inc. (UPS), for (1) failing to pay overtime compensation (Lab. Code, §§ 510, 1194, 1198); (2) failing to provide meal and rest breaks (Lab. Code, §§ 226.7, 512); (3) failing to keep, maintain, and furnish accurate wage statements and time records (Lab. Code, §§ 226, 226.3, 1174, 1174.5); (4) conversion (Civ. Code, § 3336); (5) a preliminary and permanent injunction, as well as other equitable relief; and (6) unfair competition (Bus. & Prof. Code, § 17200 et seq.). The trial court found in favor of UPS on the unfair competition cause of action. A jury found in favor of UPS on the remaining causes of action. The trial court awarded costs to UPS, but then granted Plancich’s motion to strike costs. UPS contends that the trial court erred by granting the motion to strike costs. We reverse the order granting the motion to strike costs.

FACTUAL AND PROCEDURAL HISTORY

In his complaint, Plancich alleged he was employed by UPS as an onroad supervisor. Plancich asserted he worked more than eight hours per day, and *311 more than 40 hours per week. Plancich further alleged UPS erroneously classified him as an exempt employee.…

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