De La Rosa v. Able Acquisition
Plaintiffs Rafael De La Rosa and Ramy Mandujano filed a class action for violation of wage and hour claims. Sixteen days before the five-year statute within which to bring a case to trial (Code Civ. Proc., § 583.310) was set to run, the trial court granted the motion of defendant Able Acquisition Corp.,[1] to decertify the class because notice to the class had not yet been given. The court granted the motion on three grounds: 1) the inadequacy of counsel for the class; 2) the inability to ascertain class members; and 3) denial of due process to class members and defendant.
Plaintiffs argue the court erred because 1) it failed to consider tolling periods that extended the five-year statute and the impracticability of trying the case, which would allow for sufficient time to give notice; 2) its decisions counsel was inadequate and the class was not ascertainable were not supported by the evidence and were based on improper legal criteria; and 3) its finding of denial of due process was not supported by the evidence.
We conclude decertification was proper to protect the due process rights of class members and affirm on that basis.
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