Homeowners filed a class action against the manufacturer of an allegedly defective plumbing fixture used in the construction of class members' homes. They asserted a claim under the Right to Repair Act, Civ. Code, §§ 895-945.5, a complicated and comprehensive statutory scheme governing residential construction defect litigation. Primary issues involved whether the Act precluded class actions for claims under the Act, and whether, if so, there was an exception for claims involving the incorporation of a defective manufactured product (such as the plumbing fixture in the present case) in the construction of the homes.
Plaintiff brought a class action against a motorcycle manufacturer for allegedly violating Veh. Code, §§ 11712.5, 24014, which requires a hanger tag on each motorcycle informing prospective purchasers of the manufacturer's suggested retail price and the seller's additional charges. Issues involved whether plaintiff’s claims were typical of the class, common issues predominated, and the class was ascertainable.
Employees of the operator of a chain of cell phone stores brought a class action wage and hour claim, alleging the employer (1) made unlawful deductions from its retail employees' paychecks in violation of Lab. Code, §§ 221, 400 through 410, and 2802, (2) failed to pay overtime in violation of Lab. Code, § 194, (3) failed to provide required meal periods and rest periods in violation of Lab. Code, §§ 512 and 226.7, (4) failed to pay the deducted amounts and the withheld overtime payments upon the employee's termination in violation of Lab. Code, § 201, and (5) improperly classified its salaried retail employees as exempt from the provisions of the Labor Code governing overtime and meal and rest periods. Primary issues involved whether plaintiffs’ claims were typical of the class, common issues predominated, and the class was ascertainable.
Hon. Thomas L. Willhite, Jr. (Ret.)
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