Cicairos v. Summit Logistics

Annotate this Case

Download PDF

Filed 11/23/05 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (San Joaquin) ---ALBERT H. CICAIROS et al., C048133 Plaintiffs and Appellants, (Super. Ct. No. CV014837) v. SUMMIT LOGISTICS, INC., Defendant and Respondent. ORDER MODIFYING OPINION AND DENYING REHEARING [No Change in Judgment] THE COURT: It is ordered that the opinion filed herein on October 27, 2005, be modified as follows: 1. After Ibid. at the end of the second full paragraph on page 3, add: , see Yamaha Corp. of America v. State Bd. of Equalization (1998) 19 Cal.4th 1, 7-8 [though not binding, agency interpretation may be helpful]. 2. Delete the full paragraph which begins at the bottom of page 17 with An opinion letter from DLSE . . . . 1 3. Delete the full paragraph on page 20 which begins with [A]s long as an employer . . . . 4. Delete the first sentence of the last paragraph on page 20 which begins with Although the defendant was not required . . . . Insert in place of the deleted sentence, the following text: Although the defendant was not required to keep records of the plaintiffs rest breaks and the collective bargaining agreement authorized rest breaks, the defendant could still be liable if the plaintiffs did not take their full 10-minute rest breaks because, as a practical matter, the defendant did not permit the plaintiffs to take their rest breaks. (See Cal. Code Regs., tit. 8, § 11090, subd. (12)(A) [employer must authorize and permit rest period].) This modification does not change the judgment. The petition for rehearing is denied. PUBLICATION.) THE COURT: NICHOLSON , Acting P.J. RAYE , J. ROBIE , J. 2 (CERTIFIED FOR

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.