Salazar v. See’s Candy Shops CA2/2
Debbie Salazar appeals from an order denying her motion to certify a class of employees of respondents See’s Candies, Inc., and See’s Candy Shops, Incorporated (collectively, See’s). Salazar alleges that See’s did not provide required second meal breaks to shop employees who worked shifts longer than 10 hours. It is undisputed that See’s official policy is to provide such breaks. However, Salazar contends that, in practice, See’s consistently failed to provide the breaks because the preprinted form that it used to schedule employee shifts did not include a space for second meal breaks.
The trial court denied class certification on the grounds that: (1) individual issues would predominate concerning whether See’s consistently applied a practice of failing to offer second meal breaks, and (2) Salazar failed to provide a trial plan that offered a manageable method to adjudicate classwide liability, including See’s defenses, without individual inquiry.
We affirm. The trial co
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