Juarez v. Kmart
Filed 3/9/11 Juarez v. Kmart CA1/5
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FIRST APPELLATE DISTRICT
DIVISION FIVE
BRAULIO JUAREZ et al.,
Plaintiffs and Appellants, A128164
v. (Contra Costa County
Super. Ct. No.
KMART CORPORATION, CIVMSC0602246)
Defendant and Respondent.
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Appellant Braulio Juarez and six other plaintiffs filed a class action complaint against the Kmart corporation and 17 companies that provided janitorial services at Kmart stores in California alleging they had not been paid overtime or provided with required meal or rest breaks. The trial court declined to certify the class, ruling it was not ascertainable, that common issues did not predominate, and that class treatment was not superior to individual lawsuits. Appellants now appeal contending the trial court erred when it declined to certify the class. We conclude the trial court did not abuse its discretion and will affirm.
I. FACTUAL AND PROCEDURAL BACKGROUND
Kmart is a national retailer with approximately 140 stores located in California. Kmart's primary focus is retail sales and it contracts with service providers to perform tasks that are ancillary to that focus such as store landscaping and cleaning. Kmart's store cleaning procedures are at issue here.
From 2002 to 2005, Kmart's California stores were cleaned pursuant to contracts that were executed with 10 to 15 separate janitorial service providers. Some of those contracts were entered into at the store level with a single store manager contracting with a single janitorial service provider. Other contracts covered multiple stores and were negotiated by a Kmart district manager. Exemplar contracts that are in the record describe the janitorial service provider as an â€
| Description | Appellant Braulio Juarez and six other plaintiffs filed a class action complaint against the Kmart corporation and 17 companies that provided janitorial services at Kmart stores in California alleging they had not been paid overtime or provided with required meal or rest breaks. The trial court declined to certify the class, ruling it was not ascertainable, that common issues did not predominate, and that class treatment was not superior to individual lawsuits. Appellants now appeal contending the trial court erred when it declined to certify the class. We conclude the trial court did not abuse its discretion and will affirm. |
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