Judge: James A. Mangione, Case: 37-2022-00029653-CU-OE-CTL, Date: 2024-06-28 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - June 27, 2024

06/28/2024  09:00:00 AM  C-75 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:James A Mangione

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Civil - Unlimited  Other employment Motion Hearing to Certify/Decertify Class Action 37-2022-00029653-CU-OE-CTL OLSON VS GKN AEROSPACE CHEM TRONICS INC [IMAGED] CAUSAL DOCUMENT/DATE FILED:

Upon the Court's own motion, Plaintiff's Motion for Class Certification is continued to permit supplemental briefing on the following: - Plaintiff seeks certification of five class/subclasses but does not tie the definitions to specific causes of action alleged in the complaint. The Court seeks clarification as to which causes of action are being pursued under which subclass.

- Assuming arguendo that the Court finds some, but not all, causes of action appropriate for class certification, how should the Court addresses class/subclass definitions that appear to encompass multiple causes of action or vice versa? For example, the third cause of action (unpaid rest period premiums) appears to fall within the overarching 'class' definition, the 'wage statement subclass', the 'rest break subclass' and the 'regular rate subclass'. If the Court certified the 'wage statement subclass' but not the 'rest break subclass', can the third cause of action be divided? Similarly, how should the UCL claims proceed if some but not all of the alleged unfair/illegal business practices are appropriate for class certification? - The complaint contains no allegations related to unpaid or miscalculated sick pay. Can the 'regular rate subclass' include allegations related to sick pay when sick pay is not specifically raised in the complaint? - Plaintiff's fourth (unpaid minimum wage) and ninth (unreimbursed business expenses) causes of action do not appear to fit within any of the proposed class/subclasses? Is Plaintiff pursuing class certification on these claims? - Assuming arguendo that certification is denied as to the meal and rest period causes of action but granted as to the remaining causes of action, does Plaintiff's supervisory status and/or prior bankruptcy proceedings impact his adequacy as a class representative? The Court sets the following briefing schedule: Plaintiff's supplemental brief is due July 18, 2024. Defendant's opposition brief is due July 29, 2024.

Plaintiff's reply brief is due August 2, 2024.

The supplemental and opposition briefing is not to exceed seven (7) pages and the reply brief is not to exceed four (4) pages.

Motion hearing is set for August 9, 2024, at 9:00a.m. in this Department.

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