Morgan

Morgan v. Wet Seal, Inc.

Good Law
149 Cal. Rptr. 3d 70·2012 Cal. App. LEXIS 1164·210 Cal. App. 4th 1341
Court of Appeal of CaliforniaOctober 12, 2012No. A133590California10,779 words

Opinion

Lead Opinion

Haerle, J.

I. INTRODUCTION

Crystal Morgan, Karla Sylvester and Janay Famous (plaintiffs or appellants) filed this lawsuit against their former employer Wet Seal, Inc., and Wet Seal Retail, Inc. (Wet Seal). Plaintiffs alleged that Wet Seal violated California law by requiring employees to (1) purchase Wet Seal clothing and merchandise as a condition of employment and (2) travel between Wet Seal business locations without reimbursing them for mileage.

This appeal is from an order denying plaintiffs’ class certification on the grounds that common questions do not predominate over individual questions with respect to either of their claims and that utilizing the class action *1345 procedure is not the superior method for resolving this lawsuit. Appellants raise a panoply of issues on appeal but none provides any basis for reversal. Accordingly, we affirm the order denying class certification.

n. STATEMENT OF FACTS

A. Complaint Allegations

On September 29, 2008, plaintiffs filed a complaint alleging that Wet Seal’s employment policies violate both the Labor Code and the Business and Professions Code. In January 2010, plaintiffs filed their third amended complaint (TAC), the…

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