Can Valley bring a motion against the named plaintiffs in a class action alleging that they were not paid the appropriate prevailing wage?

California, United States of America


The following excerpt is from Kane v. Valley Slurry Seal Co., C079558 (Cal. App. 2018):

Valley contends the named plaintiffs' "conclusory statements that they were not paid the appropriate prevailing wage were admitted into evidence over [Valley]'s objections, including: misstating deposition testimony, lacking sufficient knowledge and foundation to make such conclusions, and being improper lay opinion. [Citations.] It was prejudicial error to admit such evidence." "We need not consider an argument so poorly articulated." (Craddock v. Kmart Corp. (2001) 89 Cal.App.4th 1300, 1307.) "To demonstrate error, appellant must present meaningful legal analysis supported by citations to authority and citations to facts in the record that support the claim of error. [Citations.] When a point is asserted without argument and authority for the proposition, 'it is deemed to be without foundation and requires no discussion by the reviewing court.' [Citations.] Hence, conclusory claims of error will fail." (In re S.C., supra, 138 Cal.App.4th at p. 408.) Valley cites to its objections to the named plaintiffs declarations and the trial court's order overruling these objections, but not to any support in the record for the assertion that the declarations misstate deposition testimony. Likewise, Valley's argument that the challenged statements lack foundation fails for lack of citation to authority. As to the complaint that the named plaintiffs lacked personal knowledge whether they were paid the prevailing wage or that this constituted improper lay opinion, we note that the named plaintiffs also declared to the hourly pay they receiveda matter which appears to be within their personal knowledge. Regardless, where substantial evidence supports the trial court's conclusions, the fact there are boilerplate allegations in the plaintiffs' declarations are not sufficient to reverse class certification. (See Sav-on

Page 15

Other Questions


Can a class action class action be barred if one third of the proposed class does not want to be a part of the class? (California, United States of America)
Does a plaintiff have standing to bring an action alleging that he was injured as a result of alleged price-fixing? (California, United States of America)
In what circumstances can a plaintiff bring a putative class action against General Motors alleging that an unmanifested engine defect constitutes a breach of warranty? (California, United States of America)
In a personal injury action brought by a former wife against her ex-partner in a civil action, in addition to a similar action against the husband in a separate action, can the court order return to husband in the civil action? (California, United States of America)
What is the impact of a motion to amend a motion in the Superior Court of Appeal against a motion by a defendant who alleges that the motion was improperly adjourned? (California, United States of America)
If there is any antagonism to a class action, can the named plaintiffs be denied class certification? (California, United States of America)
Can a plaintiff sue other parties to litigation for interference with the Plaintiff's ability to prevail in a common law tort action? (California, United States of America)
(5) Does a plaintiff have to allege that each toxin he takes from a named defendant was manufactured or supplied by that named defendant? (California, United States of America)
How have courts dealt with requests for personal information of a plaintiff in a precertification wage and hour class action? (California, United States of America)
Can a plaintiff bring an inverse condemnation action against a governmental entity for damage caused to private property caused by a governmental action? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.