Filed Date: Feb. 15, 2006
Closed Date: Dec. 11, 2011
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This case was brought on February 15, 2006, by an employee against employer Angelo Dairy in the Superior Court of San Joaquin County. The complaint alleged labor law violations under California's Unfair Competition Law (UCL) and the Labor Code Private Attorney General Act (PAGA). The employee, represented by California Rural Legal Assistance and Legal Aid at Work, claimed that he was not compensated for overtime wages, that he received no meal periods or rest breaks, and that the housing provided by the employer was not habitable. The plaintiff sought damages and injunctive relief. The case was assigned to Judge Holly P. Carter.
On July 21, 2006, the employer moved to strike representative causes of action for failure to comply with court rules for bringing class actions. The trial court granted the employer’s motion, after which the employee petitioned for a writ of mandate. Writing for the Court of Appeals for the Third District of California on July 24, 2007, Judge Cole Bease found that the employee’s UCL claim must be brought as a class action because the statute requires compliance with California’s Code of Civil Procedure section 382. The court further held that the PAGA claim could be brought as a representative claim without being brought as a class action since that was the express intent of the legislature. The statute was designed to allow an individual employee to act as a “private attorney general” to collect penalties from an employer who violated labor laws. Thus, an individual could bring an enforcement action on behalf of others under PAGA because they are not seeking restitution as a class action. 2007 WL 2111017.
The employee petitioned for review, which the Supreme Court of California granted. Writing for the Court on June 29, 2009, Justice Joyce L. Kennard affirmed the Court of Appeals’ decision. 209 P.3d 923.
On February 11, 2010, the plaintiff filed a second amended complaint to move forward with an individual UCL claim and a representative PAGA claim. The parties engaged in settlement conferences while simultaneously moving forward with discovery. On July 11, 2011, the employer agreed to pay the employee $75,000. The trial court approved the settlement on December 7, 2011. This case is closed.
Summary Authors
Robin Peterson (5/23/2023)
Last updated Aug. 30, 2023, 1:38 p.m.
Docket sheet not available via the Clearinghouse.State / Territory: California
Case Type(s):
Key Dates
Filing Date: Feb. 15, 2006
Closing Date: Dec. 11, 2011
Case Ongoing: No
Plaintiffs
Plaintiff Description:
Private employee
Plaintiff Type(s):
Attorney Organizations:
California Rural Legal Assistance
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Angelo Dairy, Private Entity/Person
Case Details
Causes of Action:
Available Documents:
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Source of Relief:
Form of Settlement:
Court Approved Settlement or Consent Decree
Amount Defendant Pays: $75,000