Monday, 22 September 2008

Court of Appeal Vacates Denial of Class Certification

A delivery company's drivers brought a putative class action, claiming they were misclassified as independent contractors. The trial court denied class certification. The court also refused to allow pre-certification discovery of the putative class members, relying on case law that has since been overruled. Division 7 of the Second District Court of Appeal vacated the order denying certification, in great part because the trial court denied the plaintiff's motion to compel the identities of class members.

The case is Lee v. Dynamex, Inc. and the opinion is here.

DGV

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