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Villacres v. ABM Industries Inc.

January 14, 2009

CARLOS VILLACRES, INDIVIDUALLY, AND ON BEHALF OF OTHER MEMBERS OF THE GENERAL PUBLIC SIMILARLY SITUATED, PLAINTIFF,
v.
ABM INDUSTRIES INCORPORATED, A DELAWARE CORPORATION; ABM SECURITY SERVICES, INC., A CALIFORNIA CORPORATION; SECURITY SERVICES AMERICA, INC., A CALIFORNIA CORPORATION; AND DOES 1 THROUGH 10, INCLUSIVE, DEFENDANTS.



The opinion of the court was delivered by: VIRGINIA A. Phillips United States District Judge

[Motion filed on November 3, 2008]

ORDER DENYING PLAINTIFF'S RENEWED MOTION FOR CLASS CERTIFICATION

Plaintiff Carlos Villacres' ("Plaintiff") Renewed Motion for Class Certification ("Motion") came before the Court for hearing on January 12, 2009. After reviewing and considering all papers filed in support of, and in opposition to, the Motion, as well as the arguments advanced by counsel at the hearing, the Court DENIES the Motion.

I. BACKGROUND

A. California Labor Code section 226

The instant Motion concerns claims brought under California Labor Code section 226. This provides in pertinent part:

(a) Every employer shall . . . furnish each of his or her employees . . . an accurate itemized statement in writing showing (1) gross wages earned, (2) total hours worked by the employee . . (3) the number of piece-rate units earned and any applicable piece rate if the employee is paid on a piece-rate basis, (4) all deductions, provided that all deductions made on written orders of the employee may be aggregated and shown as one item,

(5) net wages earned, (6) the inclusive dates of the period for which the employee is paid, (7) the name of the employee and his or her social security number, except that by January 1, 2008, only the last four digits of his or her social security number or an employee identification number other than a social security number may be shown on the itemized statement, (8) the name and address of the legal entity that is the employer, and (9) all applicable hourly rates in effect during the pay period and the corresponding number of hours worked at each hourly rate by the employee. . .

(e) An employee suffering injury as a result of a knowing and intentional failure by an employer to comply with subdivision (a) is entitled to recover the greater of all actual damages or fifty dollars ($50) for the initial pay period in which a violation occurs and one hundred dollars ($100) per employee for each violation in a subsequent pay period, not exceeding an aggregate penalty of four thousand dollars ($4,000), and is entitled to an award of costs and reasonable attorney's fees.

B. Procedural History

1. Complaints

Plaintiff filed a Complaint on August 15, 2007, on behalf of a putative class of employees of defendants ABM Industries Incorporated, ABM Security Services, Inc., and Security Services America, Inc. ("Defendants.") Plaintiff filed a First Amended Complaint on September 26, 2007, alleging violations of California statutes, including provisions governing the payment of wages and appropriate meal and rest periods.

Plaintiff lodged a proposed Second Amended Complaint ("SAC") on February 1, 2008 and the Court granted Plaintiff leave to file a SAC in a Minute Order dated April 24, 2008 ("April 24 Minute Order"). Defendant ...


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