One of the largest security guard companies in the country was sued for meal break, rest break, and off-the-clock violations. The three named plaintiffs filed the case as a class action, seeking certification of a class of 20,000 current and former employees. After two years of heated litigation, CDF was brought in to oppose class certification shortly after the plaintiffs filed their motion. We negotiated a ceasefire on several pending discovery motions and saved the client substantial fees on unnecessary collateral issues under dispute. CDF quickly deposed the plaintiffs’ declarants, obtained 50 declarations from current and former employees, and filed the opposition. As part of the opposition to certification of the rest-break claims, the plaintiffs’ declarants were compelled to produce their cell phone records showing personal calls made during their shifts. The records showed numerous calls, some of them quite lengthy. This evidence persuasively demonstrated that the putative class members were able to take breaks, and the court denied class certification.
Superior Court of California, County of San Francisco