On October 30, 2018, the Honorable Elihu Berle presiding in Department 6 of the Los Angeles County Superior Court, granted class certification in a case brought by Hunter Pyle Law on behalf of a group of truck drivers who work for JBA Trucking Co. The plaintiffs in the case are Humberto Alvarez, Jesus Ortega, and Craig Waters.
Judge Berle certified the following class of truck drivers:
All truck drivers employed by JBA at any time from June 2, 2011, through the date of notice to the class members that a class has been certified in this action.
Judge Berle also certified the following subclasses based upon the specific facts of this case and the relevant statutes of limitation:
Minimum Wage Subclass: All truck drivers employed by JBA at any time from June 2, 2011, through February 29, 2016.
Meal Period Subclass: All truck drivers employed by JBA at any time from June 2, 2011, through May 31, 2015.
Rest Period Subclass: All truck drivers employed by JBA at any time from June 2, 2011, through the date of notice to the Rest Period Subclass members that that subclass has been certified in this action.
Wage Statement Subclass: All truck drivers employed by JBA at any time from June 2, 2014, through February 29, 2016.
Waiting Time Penalties Subclass: All truck drivers employed by JBA at any time from June 2, 2012, through the date of notice to the Waiting Time Penalties Subclass members that that subclass has been certified in this action.
Plaintiffs’ brought their motion pursuant to California Code of Civil Procedure section 382 on the following grounds:
First, the Class is ascertainable and numerous. Second, the Plaintiffs are adequate and their claims are typical. Plaintiffs have pursued the interests of the Class vigorously. Plaintiffs have devoted considerable time to pursuing the interests of the Class, including investigation and strategy, providing detailed discovery responses, and sitting for deposition. Class counsel are well-qualified to represent them and the Class, as they have expertise in handling wage and hour class actions such as this.
Third, common questions of fact and law predominate over any individual issues that will arise in this case. Plaintiffs will prove their claims using common policies and practices as well as data drawn from Defendants’ records. Fourth, Plaintiffs’ proposed trial plan demonstrates that class treatment is both superior and manageable.
The attorneys at Hunter Pyle Law are proud of this victory and look forward to prevailing at trial in 2019.