Nash
Nash v. Horizon Freight Systems, Inc.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
MARVIN NASH, Case No. 19-cv-01883-VC
Plaintiff,
ORDER GRANTING MOTION FOR
v. CLASS CERTIFICATION
HORIZON FREIGHT SYSTEMS, INC., Re: Dkt. No. 105 Defendant.
Marvin Nash brought this suit against Horizon Freight Systems on behalf of himself and other truck drivers who contract with Horizon to perform drayage services in California. The contract these drivers must sign, called the Equipment Lease and Service Agreement, classifies them as independent contractors. Nash contends this classification is incorrect because the drivers act as Horizon’s employees, entitled to the benefits and protections afforded to employees (but not independent contractors) under California law. After extensive motion practice, three of Nash’s claims remain: (1) a claim for reimbursement of business-related expenses under California Labor Code section 2802; (2) a claim for statutory damages based on inaccurate wage statements under California Labor Code section 226; and (3) a claim under California's Unfair Competition Law. Nash now moves to certify a class of California drivers who…