Bluford

Bluford v. Safeway Inc.

Good Law
157 Cal. Rptr. 3d 212·2013 Cal. App. LEXIS 411·216 Cal. App. 4th 864·2013 WL 2338127·20 Wage & Hour Cas.2d (BNA) 1364
Court of Appeal of CaliforniaMay 8, 2013No. C066074California3,339 words

Opinion

Lead Opinion

Nicholson, J.

This appeal concerns the trial court’s denial of class certification in a wage and hour action. Plaintiff Kenneth Bluford sought to certify a class of plaintiffs in his action against his employer, defendant Safeway Inc. He claims Safeway violated statutory and regulatory laws requiring it to provide its employees with paid rest periods, earned meal periods, and sufficiently itemized wage statements.

The trial court denied plaintiff’s motion to certify a class. It ruled individual issues predominated over common issues on the rest period and meal period claims and that plaintiff failed to allege a common injury resulting from the inadequate wage statements.

We reverse. Insufficient evidence supports the trial court’s ruling, as common issues predominate over individual issues and plaintiff in fact alleged a common injury resulting from the wage statements. We order the trial court to grant plaintiff’s motion.

FACTS

Since 2003, Safeway has managed the operations of a distribution center in Tracy. Plaintiff is employed by Safeway as a truckdriver who works out of *867 the distribution center. He and the other drivers he sought to certify as a class deliver goods from…

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