AALRR Defeats Motion for Class Certification in Prevailing Wage Case


In the past year, AALRR has achieved a series of victories for its clients by defeating class action claims in large wage and hour cases. The latest victory came on February 4, 2011, when the firm successfully opposed a motion for class certification in a wage and hour case heard by the Honorable William Highberger, Complex Department of the Los Angeles Superior Court.

Plaintiffs asserted claims for wages, including prevailing wages and penalties, on behalf of a class of 250 construction craft workers against their former employer, Axxis Network & Telecommunications, Inc. The plaintiffs claimed they were owed unpaid wages and fringe benefits for construction work they had performed at nine school campuses in the Los Angeles area. After plaintiffs filed their motion for class certification, AALRR’s team, led by Thomas W. Kovacich and Michael Cable (Cerritos), worked closely with the client to formulate a winning strategy to defeat the motion. As a result of these efforts, the Court held that plaintiffs could not establish the existence of an ascertainable class or a well-defined community of interest among class members and denied the motion to certify the class. This is the second lawsuit handled by Kovacich in the last two months in which a motion for class certification was denied.

“The perception that a class certification is a given in a wage and hour class action is misguided,” stated Thomas Kovacich. “Defeating class certification requires a clear understanding of the theories for recovery so a specific strategy can be developed to defeat the motion. While mediation is appropriate early in some cases, the employer should thoroughly analyze all its options.”

“We were particularly impressed by the depth of knowledge and level of communication throughout the process. We are pleased to have this matter behind us,” said Mostafa Moghadassi, President of Axxis.



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