Curry

Curry v. Equilon Enters., LLC

Good Law
23 Cal. App. 5th 289·233 Cal. Rptr. 3d 295
Court of Appeal of CaliforniaApril 26, 2018E065764California10,103 words

Opinion

lead Opinion

MILLER Acting P.J.

*292 Plaintiff and appellant Sadie M. Curry brought a class action case against defendant and respondent Equilon Enterprises, LLC, doing business as Shell Oil Products US (Shell). Curry's causes of action included (1) failure to pay overtime compensation; (2) failure to pay for *293 missed break periods; and (3) unfair business practices ( Bus. & Prof. Code, § 17200 ). The trial court found Shell was not Curry's employer and therefore granted Shell's motion for summary judgment. Curry contends the trial court erred in its finding and by granting summary judgment. We affirm the judgment.

FACTUAL AND PROCEDURAL HISTORY

A. BACKGROUND

Prior to May 2003, Shell owned approximately 365 service stations in California. Shell operated some of the stations itself, with its own employees. Prior to May 2003, Shell changed its business model. Shell no longer operated its own service stations with its own employees. Instead, Shell offered leases and operating agreements to entities that sought to run Shell's service stations. The leases provided that the operators/lessees (Operators) had a lease interest in the service stations' convenience stores and car wash facilities.…

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