The district court granted in part and denied in part class certification. Plaintiffs allege that under § 2810.3, SCI Cal is a client employer liable for the labor violations of Serenity, a labor contractor. The “usual course of business” is defined as “the regular and customary work of a business, performed within or upon the premises or worksite of the client employer.” Id. a client employer with workers to perform labor within the client employer’s usual course of business.” Id. A labor contractor is defined as “an individual or entity that supplies.
that obtains or is provided workers to perform labor within its usual course of business from a labor contractor.” Id.
A client employer is defined as “a business entity. 2 Cal under section 2810.3 of the California Labor Code, which provides that “ client employer shall share with a labor contractor all civil legal responsibility and civil liability for all workers supplied by that labor contractor for. Amicus Curiae Cemetery and Mortuary Association of California’s motion to take judicial notice is GRANTED. Amici Curiae The California Rural Legal Assistance Foundation, AAAJ-Asian Law Caucus, Legal Aid at Work, and California Employment Lawyers Association’s motion for leave to file an amicus brief is GRANTED. Plaintiffs allege liability against SCI 1 SCI Cal’s motion for certification to the state supreme court is DENIED.
#SERENITY JOHNSON DRIVERS#
Plaintiffs are former drivers for Serenity who allege various federal and state labor violations against Serenity and SCI Cal. In 2016, SCI Cal was one of about eighty regular clients contracting with Serenity, and its business comprised less than fifteen percent of Serenity’s gross revenue.
#SERENITY JOHNSON DRIVER#
When a client such as SCI Cal needed a driver to transport a decedent, it would call Serenity, which in turn would dispatch one of its on-call drivers to perform the transport. Serenity had drivers on twenty-four hour standby.
In the relevant class period, SCI Cal contracted with Serenity for mortuary drivers who could pick up and transport deceased persons. 2019), and affirm the district court.1 SCI Cal provides support services for preparing and transporting bodies for funeral homes. Kansas City Royals Baseball Corp., 934 F.3d 918, 926 (9th Cir. We review the denial of a class certification order for an abuse of discretion, see Senne v. Plaintiffs Curtis Johnson and Gary Johnson appeal the district court’s denial of their motion for class certification against SCI California Funeral Services, Inc. ** The Honorable Timothy Hillman, United States District Judge for the District of Massachusetts, sitting by designation. * This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. FLETCHER and FRIEDLAND, Circuit Judges, and HILLMAN,** District Judge. Appeal from the United States District Court for the Northern District of California Jacqueline Scott Corley, Magistrate Judge, Presiding Argued and Submitted JanuSan Francisco, California Before: W. COUNTY OF SANTA CLARA, Defendants-Appellees.
DAVID FRIEDEL SERVICE CORPORATION INTERNATIONAL, INC. MEMORANDUM* SERENITY TRANSPORTATION, INC. COURT OF APPEALS FOR THE NINTH CIRCUIT CURTIS JOHNSON GARY JOHNSON, Plaintiffs-Appellants, No. FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS MOLLY C.