Modaraei v. Action Property Management, Inc.Annotate this Case
The Court of Appeal affirmed the trial court's denial of plaintiff's motion for class certification in an employee misclassification case against his former employer, and the trial court's order terminating depositions of class members. The court held that the trial court did not abuse its discretion by denying plaintiff's motion for class certification based on issues of predominance and superiority. In this case, the record contained evidence sufficient to support the trial court's finding that variations between the hundreds of properties the 228 putative class members were responsible for would command individual inquiries. Similarly, the evidence to support the trial court's superiority determination was largely the same as evidence supporting the predominance determination. The court also held that the trial court did not abuse its discretion when it terminated depositions of putative class members whose declarations the employer submitted in opposition to plaintiff's motion for class certification.