§Why CasetextPricing

Memorandum Points and Authorities

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30 Cited authorities

  1. Brinker Rest. Corp. v. Superior Court of San Diego Cnty.

    53 Cal.4th 1004 (Cal. 2012)   Cited 827 times   83 Legal Analyses
    Holding the employer is required to provide a meal period to employees, but "is not obligated to police meal breaks and ensure no work thereafter is performed"

  2. Sav-On Drug Stores, Inc. v. Superior Court

    34 Cal.4th 319 (Cal. 2004)   Cited 522 times   10 Legal Analyses
    Holding that common questions predominated in overtime case brought by chain store managers

  3. Linder v. Thrifty Oil Co.

    23 Cal.4th 429 (Cal. 2000)   Cited 538 times   1 Legal Analyses
    Reversing and remanding for reconsideration because the court was not "prepared to say that class treatment necessarily is proper," and "upon a fresh look [the trial court] may discern valid reasons for denying" the certification motion

  4. Fireside Bank v. Superior Court

    40 Cal.4th 1069 (Cal. 2007)   Cited 198 times   4 Legal Analyses
    Concluding that the trial court abused its discretion in simultaneously ruling on class certification and a motion for judgment on the pleadings and vacating the judgment entered in favor of the class' claims

  5. Wershba v. Apple Computer, Inc.

    91 Cal.App.4th 224 (Cal. Ct. App. 2001)   Cited 229 times
    Finding that application of California law to a class settlement was appropriate when "substantial numbers of class members are located in California"

  6. Bell v. Farmers Insurance Exchange

    115 Cal.App.4th 715 (Cal. Ct. App. 2004)   Cited 125 times   7 Legal Analyses
    Upholding as consistent with due process the use of surveys and statistical analysis to measure a defendant's aggregate liability under the IWC's wage orders

  7. Richmond v. Dart Indus., Inc.

    29 Cal.3d 462 (Cal. 1981)   Cited 228 times
    Observing that the members of the class "are easily identified and located"

  8. Chavez v. Netflix

    162 Cal.App.4th 43 (Cal. Ct. App. 2008)   Cited 88 times   1 Legal Analyses
    Concluding that trial court did not abuse its discretion in denying motion to intervene without specifying reasons for such denial where "request to intervene was untimely"

  9. Dunk v. Ford Motor Co.

    48 Cal.App.4th 1794 (Cal. Ct. App. 1996)   Cited 113 times
    In Dunk v. Ford Motor Company, supra, 48 Cal.App.4th 1794, 1809, 56 Cal.Rptr.2d 483 (Dunk), in the context of a class action settlement, the court disapproved an attorney fee award the plaintiff attempted to justify as a small percentage of the settlement's value.

  10. Ghazaryan v. Diva Limousine, Ltd.

    169 Cal.App.4th 1524 (Cal. Ct. App. 2008)   Cited 73 times   1 Legal Analyses
    Listing Owens factors in ordering that class certification of a claim seeking gap time for individual drivers, on the ground that the record revealed the employer dictated to a large extent how drivers used their on-call time

  11. Section 17200 - Unfair competition defined

    Cal. Bus. & Prof. Code § 17200   Cited 18,392 times   316 Legal Analyses
    Prohibiting unlawful business practices

  12. Section 226 - Itemized statement of wages

    Cal. Lab. Code § 226   Cited 2,348 times   127 Legal Analyses
    Providing only statutory penalties

  13. Section 201 - Computation and payment of wages upon discharge

    Cal. Lab. Code § 201   Cited 1,832 times   21 Legal Analyses
    Providing that, "[i]f an employer discharges an employee, the wages earned and unpaid at the time of discharge are due and payable immediately"

  14. Section 510 - Eight hour workday; compensation for overtime

    Cal. Lab. Code § 510   Cited 1,661 times   29 Legal Analyses
    Requiring employers to pay 1.5 times the "regular rate of pay" for overtime

  15. Section 204 - Payment of wages; frequency

    Cal. Lab. Code § 204   Cited 694 times   20 Legal Analyses
    Requiring semi-monthly payments within specified dates for work performed within specified dates

  16. Section 227.3 - Payment for vested vacation time

    Cal. Lab. Code § 227.3   Cited 242 times   11 Legal Analyses
    Requiring payment of vested vacation wages upon termination

  17. Section 226.3 - Civil penalties

    Cal. Lab. Code § 226.3   Cited 199 times   3 Legal Analyses
    Providing civil penalties for employer failure to provide employee a wage deduction statement or keep employee records

  18. Section 210 - Civil penalty for failure to pay wages

    Cal. Lab. Code § 210   Cited 195 times   5 Legal Analyses
    Equalling $2,700

  19. Section 5 - Construction

    Cal. Lab. Code § 5   Cited 51 times
    Defining "[e]mployee" as one who is employed "in the business of the employer"

  20. Section 51 - Director

    Cal. Lab. Code § 51   Cited 7 times

    The department shall be conducted under the control of an executive officer known as Director of Industrial Relations. The Director of Industrial Relations shall be appointed by the Governor with the advice and consent of the Senate and hold office at the pleasure of the Governor and shall receive an annual salary provided for by Chapter 6 (commencing with Section 11550) of Part 1 of Division 3 of Title 2 of the Government Code. Ca. Lab. Code § 51 Amended by Stats. 1983, Ch. 142, Sec. 97.

  21. Rule 3.769 - Settlement of class actions

    Cal. R. 3.769   Cited 70 times

    (a) Court approval after hearing A settlement or compromise of an entire class action, or of a cause of action in a class action, or as to a party, requires the approval of the court after hearing. (b) Attorney's fees Any agreement, express or implied, that has been entered into with respect to the payment of attorney's fees or the submission of an application for the approval of attorney's fees must be set forth in full in any application for approval of the dismissal or settlement of an action

  22. Rule 3.766 - Notice to class members

    Cal. R. 3.766   Cited 30 times

    (a) Party to provide notice If the class is certified, the court may require either party to notify the class of the action in the manner specified by the court. (b) Statement regarding class notice The class proponent must submit a statement regarding class notice and a proposed notice to class members. The statement must include the following items: (1) Whether notice is necessary; (2) Whether class members may exclude themselves from the action; (3) The time and manner in which notice should be