Harris v. Golden State Water Co. CA2/8

Filed 12/18/20 Harris v. Golden State Water Co. CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION EIGHT

FLORENCE V. HARRIS et al., B299125

Plaintiffs and Appellants, (Los Angeles County Super. Ct. No. BC523131) v.

GOLDEN STATE WATER COMPANY et al.,

Defendants and Respondents.

APPEAL from an order of the Superior Court of Los Angeles County. Daniel J. Buckley, Judge. Appeal dismissed.

Skapik Law Group, Mark J. Skapik, Geralyn L. Skapik and Blair J. Berkley for Plaintiffs and Appellants.

Epstein Becker & Green, Michael S. Kun and Kevin D. Sullivan for Defendants and Respondents.

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An order denying a motion for class certification that entirely terminates class claims is appealable. (Daar v. Yellow Cab Co. (1967) 67 Cal.2d 695, 698–699.) An order that terminates only some but not all class claims is not appealable. (Vasquez v. Superior Court (1971) 4 Cal.3d 800, 806–807.) Here, the trial court denied the motion for class certification as to the first six causes of action but did not rule on the motion as to the seventh cause of action seeking relief under Business and Professions Code section 17200. The request for class certification as to the seventh cause of action remains unresolved. Thus, because there is no final order and this court lacks jurisdiction to hear the appeal, the appeal must be dismissed.

FACTS AND PROCEDURAL HISTORY Plaintiffs Florence Harris, Maria Delgado, and Sylvia Beltran filed a complaint against four utility companies for wage and hour violations: Golden State Water Company provides water services to municipalities statewide; Bear Valley Electric Service, which is owned by Golden State, provides water services and distributes electricity to customers in the Big Bear Lake community; American States Water Company is the parent company for Golden State and Bear Valley Electric and provides water services within communities throughout the state; and American States Utility Services, Inc., manages water, wastewater, and utility services across the state and to military installations. The first amended complaint contained seven causes of action. The plaintiffs alleged that they, and the proposed class members within 55 different job titles, were intentionally misclassified as exempt employees even though the conditions of their employment, and the work they actually performed, was