Employment Law Blog

Filter:  Linder v. Thrifty Oil Co.

Certification of a Class Under California Law

The California Supreme Court has identified three requirements for the certification of a class: (1) “the existence of an ascertainable and sufficiently numerous class”; (2) a well-defined community of interest”; and (3) “substantial benefits from certification that render proceeding as a class superior to the alternatives.” Brinker Restaurant Corp. v. Superior Court (Hohnbaum) (2012) 53 Cal.4th 1004, 1021. The community of interest requirement in turn has three factors: (1) common questions of law or fact predominate over individual questions; (2) the class representatives have claims or defenses typical of the class; and (3) the class representatives can adequately represent the class. Id.

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Class Rights of Taxi Drivers in Oakland, California

Oakland City Ordinance 5.64.040(d)(1)) unequivocally states that: “Fleet managers shall provide to drivers receipts for all fees collected from said drivers.”

Oakland Municipal Code 5.64.040(C) states:
Fleet management permittees are required to maintain for a period of not less than one year all records pertaining to the fleet manager’s operation and management, including but not limited to all waybills completed by drivers, all dispatch logs, all vehicle inspection records, driver training records, passenger complaints, citation records, leasing records, and insurance records. Fleet managers shall make available for inspection, Monday through Friday from 9:00 a.m. to 5:00 p.m., all such records. Fleet managers shall take reasonable efforts to ensure the completeness and accuracy of all records. Any records which are determined to be inadequate, inaccurate, or any request which is not complied with may result in the suspension or revocation of the fleet management permit pursuant to Section 5.64.080.

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