Myers v. Raley's

244 Cal. Rptr. 3d 612, 32 Cal. App. 5th 1239
CourtCalifornia Court of Appeal, 5th District
DecidedFebruary 13, 2019
DocketC075125
StatusPublished
Cited by3 cases

This text of 244 Cal. Rptr. 3d 612 (Myers v. Raley's) is published on Counsel Stack Legal Research, covering California Court of Appeal, 5th District primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Myers v. Raley's, 244 Cal. Rptr. 3d 612, 32 Cal. App. 5th 1239 (Cal. Ct. App. 2019).

Opinion

RAYE, P. J.

*1240Without the benefit of Ayala v. Antelope Valley Newspapers, Inc. (2014) 59 Cal.4th 522, 173 Cal.Rptr.3d 332, 327 P.3d 165 ( Ayala ) and Jones v. Farmers Ins. Exchange (2013) 221 Cal.App.4th 986, 164 Cal.Rptr.3d 633 ( Jones ), and without elucidating its reasons, the trial court denied Raley's maintenance technicians' motion for class certification of their wage and hour claims. The technicians allege Raley's maintains uniform policies *1241and/or practices denying them travel time while they are under Raley's control, compensation for working during meal time, and reimbursement for personal tools they are required to purchase and replace. These uniform policies and practices, according to the technicians, present common issues of fact and law and their legality are particularly well suited to a class action. In denying class certification, the trial court made the conclusory finding the plaintiffs failed to establish that a well-defined community of interest exists and that the common issues of fact and law predominate.

Our review of the trial court's denial of class certification is governed by a unique standard of review requiring us to examine the trial court's reasons, not the propriety of the outcome. Because the trial court's cursory finding renders our task impossible and because cases decided after the court's ruling expose the dangers of employing the wrong legal criteria, asking the wrong questions, or inflating the significance of the opposing parties' evidence, we must remand this case to the trial court for reconsideration in light of Ayala and Jones and for a statement of reasons to ensure the court has not employed improper criteria or relied on erroneous legal assumptions.

FACTS

Plaintiffs Roger Myers, Dave Billings, Greg Neyhart, and Jim Mestas were nonexempt maintenance technicians for Raley's grocery stores. Maintenance technicians, including food equipment technicians, refrigeration technicians, and service and construction electricians, travel from store to store in company-owned vehicles to repair ovens, refrigeration *614units, electrical components, and other equipment. Plaintiffs sought certification of the class defined as: "All current and former hourly employees who held the position of Food Service Technician, Refrigeration Technician and/or Electrician Technician (and/or similar position) at Raley's in the State of California within four (4) years of the filing of the original complaint to the present ('the Class')."

Uniform Policy or Practice Regarding Driving Time

Plaintiffs allege they are required to drive company vehicles carrying their own tools as well as specialized tools and they are not allowed to run personal errands without special permission or carry passengers who are not Raley's employees except in an emergency. Despite Raley's control over their driving time, they are not compensated for the time they spend driving to their first store or driving home from the last store they service each day. They assert Raley's uniform practice violates California law. ( Morillion v. Royal Packing Co. (2000) 22 Cal.4th 575, 583, 94 Cal.Rptr.2d 3, 995 P.2d 139.)

*1242Raley's identified Rob Canfield as the "person most knowledgeable" about the use of company vehicles. Canfield testified as follows:

"Q. So the vehicle policies are the same for all those groups of people [electricians, carpenters, refrigeration, flooring, food service, cabinet and warehouse]?

"A. Yes."

And:

"Q. Okay. Is it your testimony that pursuant to Raley's vehicle usage policy, vehicles are not to be used for personal use?

"A. Yes.

"Q. Okay. Is it your testimony that pursuant to Raley's vehicle usage policy, technicians are not to use the company vehicle to run personal errands? [¶] ... [¶]

"[A.] I can answer. Yes. They are not to use the vehicle for their own personal use."

He also testified:

"Q. So when they get in their vehicle to drive to their first job, they are not to use the company vehicle for personal errands on their way to work, right?

"A. That is correct.

"Q. And they are not to use the company vehicle after they complete their last job on the way home for personal errands, correct?

"A. That's correct."

"Q. If they stop to pick up their children from school or pick up their dry-cleaning ... that would be a violation?

"A. That would be a violation."

And, finally Canfield concluded:

"Q. Are there specific vehicle usage policies that would apply to, for instance, food service technicians but not refrigeration technicians? [¶] ... [¶]

*1243"[A.] There is this one policy that I'm aware of.

"Q. And that would apply to all the techs who use company vehicles?

"A. Correct."

In short, according to Canfield, Raley's single, uniform policy refuses to count drive time as hours worked and forbids use of the company vehicles for personal use. Raley's policy applies to all technicians. Raley's current employees, Vincent Matteucci, Danny Bettridge, Edward Moss, Sr., and Nathan Schoonmaker confirmed the same policies in their testimony. They were prohibited from using company vehicles for personal use, a policy they followed.

*615Canfield was equally unequivocal about the Raley's requirement that technicians drive company vehicles. Again we turn to his testimony.

"Q. When you say 'fleet,' what are your referring to?

"A. Our maintenance department vehicles that are assigned to each person that their job responsibilities require them to have a vehicle.

"Q. Who would that be?

"A. Refrigeration technicians, food service technicians, supervisors that are assigned vehicles.

"Q.

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Cite This Page — Counsel Stack

Bluebook (online)
244 Cal. Rptr. 3d 612, 32 Cal. App. 5th 1239, Counsel Stack Legal Research, https://law.counselstack.com/opinion/myers-v-raleys-calctapp5d-2019.