Jiminez-Sanchez v. Dark Horse Express, Inc.

Substantial evidence supports the trial court's finding that individual issues predominate in a proposed class action for claims of under payment where the plaintiffs did not show any uniform agreement between the defendant and the truck drivers who received piece-rate payments, nor any evidence of what tasks were included in the piece-rate compensation for the different categories of drivers who worked for defendant. The trial court erred in failing to consider the issue of compensation for rest breaks separately from the issue of compensation for "nonproductive time". A trial court has discretion to consider whether the remaining members of a proposed class were sufficiently numerous to justify class treatment, after determining individual questions predominated with respect to the claims of one subclass and the defense to them.

Jiminez-Sanchez v. Dark Horse Express, Inc. - filed Jan. 16, 2019, publication ordered Feb. 14, 2019, Fifth District 

Cite as 2019 S.O.S. 744 

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