Sotelo

Sotelo v. Medianews Group, Inc.

Caution
143 Cal. Rptr. 3d 293·2012 Cal. App. LEXIS 776·207 Cal. App. 4th 639
Court of Appeal of CaliforniaMay 31, 2012No. A130585California8,475 words

Opinion

Lead Opinion

Lambden, J.

Cynthia Sotelo, Jose Garcia, Jessica Garcia, Joseph Garcia, Ashley Garcia, Tiffany R., and Brandon L. appeal from the trial court’s denial of their motion for class certification in a suit alleging that respondents engaged them, and those similarly situated, to work as independent contractors though they were actually employees, and that as a result of this misclassification, respondents are liable under several causes of action. Appellants seek reversal of the court’s order denying class certification. We affirm the order of the trial court.

BACKGROUND

The initial complaint was filed in 2006 and was later amended several times, culminating in a sixth amended complaint, filed in February 2008. In *645 this most recent amendment, appellants allege that respondents (who are described as interconnected newspaper publishers and conglomerates operating newspapers in Cal.) hired low-wage “independent contractors” (hereafter IC’s) responsible for inserting advertisements into papers, folding and bagging newspapers, delivering newspapers to subscribers, and/or supervising others who performed those tasks. The complaint identifies two tiers of independent contractors: (1) lower…

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