Amalagamated Transit Union v. Super. Ct. 2/28/07 CA2/8

State: California

Court: 1st District Court of Appeal 1st District Court of Appeal

Docket No: B191879

Case Date: 06/20/2007

Preview:Filed 2/28/07

CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION EIGHT

AMALGAMATED TRANSIT UNION, LOCAL 1756, AFL-CIO, et al., Petitioners, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; FIRST TRANSIT, INC., et al., Real Parties in Interest.

No. B191879 (Los Angeles County Super. Ct. No. KC 043962)

ORIGINAL PROCEEDINGS in mandate. Carl J. West, Judge. Petition denied. Neyhart, Anderson, Flynn & Grosboll, John L. Anderson and Scott M. De Nardo for Petitioners. No appearance for Respondent. McMahon Berger, James N. Foster, Jr. and Michelle M. Cain; Kampe & Kampe and K.W. Kampe, III for Real Party in Interest First Transit, Inc. Gleason & Favarote, Paul M. Gleason and Torey J. Favarote for Real Party in Interest ATC/Vancom, Inc. Jenkens & Gilchrist, Margaret Rosenthal and Sabrina L. Shadi for Real Parties in Interest Progressive Transportation Services, Inc. and Coach USA Transit Services.

Littler Mendelson and Theodore R. Scott for Real Party in Interest Laidlaw Transit Services, Inc. ______________________________

SUMMARY In this writ proceeding, we hold: (1) An individual's statutory right to sue in a representative capacity, conferred

under the Labor Code Private Attorneys General Act of 2004 (Labor Code section 2699) and under the unfair competition law (Business and Professions Code section 17203), may not be assigned to a third party. (2) Section 17203 of the unfair competition law, as amended by Proposition

64, providing that representative claims may be brought only if the injured claimant "complies with Section 382 of the Code of Civil Procedure," means that private representative claims must meet the procedural requirements applicable to class action lawsuits. FACTUAL, LEGAL AND PROCEDURAL BACKGROUND Under the Labor Code, an employer who fails to provide required meal and rest periods is required to pay the employee one additional hour of pay at the employee's regular rate of compensation for each work day that the meal or rest period is not provided. (Lab. Code,

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