Ogle v. Restoration Hardware
Plaintiff Stacey Ogle appeals from the trial court’s order denying her motion to certify a class of current and former call center customer service representatives who allegedly were required to take meal breaks late or denied meal breaks altogether, and were underpaid overtime by defendant Restoration Hardware, Inc., in violation of California wage and hour laws. The trial court ruled that a class action was not a superior means of handling the litigation given the evidence submitted, finding that Ogle failed to demonstrate the existence of an ascertainable and numerous class, a predominance of common questions of law or fact, or adequacy as a class representative.
On appeal, Ogle contends the court applied improper criteria, made erroneous legal assumptions, and improperly considered the merits in ruling on the motion. We affirm the order denying her motion for class certification. Substantial evidence supports the trial court’s ruling that Ogle failed to meet he
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