Barriga v. 99 Cents Only Stores LLCAnnotate this Case
Plaintiff Sofia Barriga filed this lawsuit against 99 Cents Only Stores LLC, (99 Cents) individually, and on behalf of similarly situated current and former nonexempt employees of 99 Cents hired before October 1, 1999, pleading various Labor Code violations and violation of the unfair competition law. Plaintiff alleged 99 Cents had a zero-tolerance policy that required its stores to lock their doors at closing time, therefore, forcing nonexempt, nonmanagerial employees, who worked the graveyard shift and clock out for their meal break or at the end of their shift, to wait for as long as 15 minutes for a manager with a key to let them out of the store. According to plaintiff, 99 Cents did not pay its employees for the time they had to wait be let out, and the policy denied employees their full half-hour meal break. Plaintiff moved the trial court to certify two classes: (1) “Off the Clock Class,” and (2) “Meal Period Class.” 99 Cents opposed the certification motion, contending there was no community of interests among putative class members, and the lack of common issues among putative class members would render a class action unmanageable. Plaintiff moved to strike 174 declarations of employee declarants who were members of the proposed classes on the grounds the process by which they had been obtained was improper, and because they were substantively inconsistent with the subsequent deposition testimony of 12 of declarants. Concluding it lacked the statutory authority to strike the declarations, the trial court denied plaintiff’s motion to strike. And, based on all 174 declarations, the court concluded plaintiff had not demonstrated a community of interests or a commonality of issues among putative class members. Plaintiff appealed those orders. The Court of Appeal found the record demonstrated the trial court in this case was unaware of the need to scrutinize 99 Cents’ declarations carefully, and was either unaware of or misunderstood the
scope of its discretion to either strike or discount the weight to be given the 174 declarations, including the declarations of employees who were not members of the putative classes, if it concluded they were obtained under coercive or abusive circumstances. The orders denying plaintiff’s motion to strike 99 Cents’ declarations and class certification motion were reversed, and the matter remanded for reconsideration.