Wilson v. The La Jolla GroupAnnotate this Case
Plaintiffs Mosanthony Wilson and Nancy Urschel brought a putative wage-and-hour class action against defendant The La Jolla Group (LJG). Plaintiffs worked for LJG as signature gatherers on behalf of political campaigns and political action committees. LJG classified them as independent contractors and paid them per signature submitted. In the underlying lawsuit, plaintiffs alleged that LJG misclassified them and, as employees, they were entitled to a minimum wage, overtime pay, meal and rest breaks, expense reimbursement, timely final wage payment, and itemized wage statements. Plaintiffs moved for certification of a class of LJG signature gatherers, which the trial court denied. Plaintiffs appealed the order denying class certification, contending the trial court erred by finding common questions did not predominate and the class action procedure was not superior to individual actions. They also contended the court erred by not granting a related motion for reconsideration. After review, the Court of Appeal agreed that on the current record, the trial court erred by declining to certify a class for one cause of action, for failure to provide written and accurate itemized wage statements. The Court therefore reversed the order denying class certification in part, as to that cause of action only, and remand for reconsideration. Otherwise, the Court concluded the trial court did not err and affirmed.