In a wage and hour action against a taxicab company claiming that the company’s leases wrongfully classified lessees as independent contractors rather than employees, a denial of class certification is affirmed where the purported class would be unmanageable, and common questions did not predominate over individual issues, given differences among lessees’ situations.

Read Ali v. U.S.A. Cab. Ltd., No. D052127

Appellate Information

Filed August 24, 2009

Judges

Opinion by Judge McConnell

Counsel

For Appellants:

Stephen J. Schultz, Marks, Golia & Finch, LLP, San Diego, CA

Bernard F. King, III, Marks, Golia & Finch, LLP, San Diego, CA

For Respondents:

Paul Kissel, Borton Petrini, LLP, San Diego, CA

Jonathan P. Geen, Borton Petrini, LLP, San Diego, CA

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