Recent Appellate Decisions

Ghazaryan v. Diva Limousine

In a published decision, the Court of Appeal reversed the trial court's denial of class certification and instructed the trial court to certify the case as a class action for a class of limousine drivers alleging that Diva Limousine failed to pay them for time spent between “runs” waiting for new assignments.

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Diva Limousine Appellate Decision (53 KB)

LaLiberte v. Pacific Mercantile Bank

In a published decision, the Court of Appeal held that the trial court abused its discretion in denying Plaintiffs leave to amend their complaint. Plaintiffs were allowed amend their complaint to revise the class definition.

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Pacific Mercantile Bank Appellate Decision (112 KB)

Gomez v. Lincare

In a published decision, the Court of Appeal reversed summary adjudication for the employer, holding that the employer had failed to prove its employees were covered by the motor carrier exemption to the overtime compensation requirements of the California wage and hour laws. The Court concluded that the employer had not shown that its employees qualified for the exemption, because it was unable to demonstrate that they drove vehicles carrying hazardous materials each workday. 

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Lincare Appellate Decision (73 KB)

Olvera v. El Pollo Loco

In a published decision, the Court of Appeal affirmed the trial court’s denial of El Pollo Loco’s motion to force its employees to litigate their employment claims in arbitration (without a jury) rather than in a court of law.  The Court of Appeal condemned El Pollo Loco’s attempt to curtail its employees’ rights and to prevent employees from bringing claims on behalf of a class.

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El Pollo Loco Appellate Decision (76 KB)