Juarez v. Kmart
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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