1

Filed 4/25/17 ; pub. & mod. order 5/24/17 (see e nd of opn.)

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION TWO

LAURA BARTON I, et al.
, Plaintiffs and Appellants,

v. AMERICAN MEDICAL RESPONSE WEST, Defendant and Respondent. A143784
(Alameda County Super. Ct. No. RG 08382130)

C urrent and former employees of an ambulance service company sued their employ er , alleging that it s meal and rest period policies violate California law. The ir complaint allege s claims on behalf of a proposed class as well as non

- class claims concerning those same meal and rest period policies under Labor Code section 2698 et

seq., the Private Attorneys General Act of 2004 (PAGA)

. Before us is p laintiffs ’ appeal of the trial court’s denial of their motion for class
certification . The appeal raises two issues. First, is the order denying class certification appealable under the “death knell” doctrine , where plaintiffs’ PAGA claims remain pending ? Second, did the trial court err in denying class certification ? We will exercise our discretion to treat the appeal as a writ petition, and therefore we need not decide the first quest ion. We conclude that the trial court’s denial of class certification rests in part

on an i ncorrect legal assumption about the nature of rest periods
, and therefore we will
remand part of the matter for further consideration.2 FACTUAL AND PROCEDURAL BACKGR OUND Defendant American Medical Response West (A MR ) provides ambulance service s in more than 15 Northern California counties
, and employ s dispatchers, call takers, drivers, emergency medical technicians (EMT ’ s), paramedics and nurses

. P laintiffs are
four of A MR ’s current or former employees : dispatcher Laura Bartoni, EMT Cameron Francis, dispatcher and EMT Heather Murray , and EMT Jefferson Todd Willhoyte (collectively, plaintiffs).
The gravamen of the operative Third Amended Complaint is that AMR fail ed to provide the meal and rest periods to which plaintiffs are entitled under Labor Code
sections 226.7 and 512 and the applicable wage orders issued by the California Industrial Welfare Commission (IWC). 1 Plaintiffs allege three causes of action: first
, a class claim
under the Labor Code ; second, a class claim under Business and Professions Code section 17200 et seq., the Unfair Competition Law (UCL) ; and third, a claim for civil penalties
under PAGA. 2 The PAGA cause of action is a representative actio n not subject to class action requirements. 3 (

Arias v. Superior Court (2009) 46 Cal.4th 969, 975 ( Arias ).)
Plaintiffs moved to certify a class for their first two causes of action

. The proposed class includes A MR ’s employees in various Northern Californ ia locations who

1 The IWC “is the st ate agency empowered to formulate wage orders governing employment in California. ( Tidewater Marine Western, Inc. v. Bradshaw (1996) 14 Cal.4th 557, 561.) The Legislature defunded the IWC in 2004, however its wage orders remain in effect. ( Huntington Me morial Hospital v. Superior Court (2005) 131 Cal.App.4th 893, 902, fn. 2.)” ( Murphy v. Kenneth Cole Productions, Inc. (2007) 40 Cal.4th 1094, 1102, fn. 4.) Wage and hour claims like the ones at issue here are governed by the Labor Code and IWC wage order s. (See Brinker Restaurant Corp v. Superior Court (2012) 53 Cal.4th 1004, 1026 ( Brinker ). ) Plaintiffs bring their claims under subdivisions 11 and 12 of Wage Order 9

- 2001, codified in the California Code of Regulations at title 8, section 11090.

2 The Third Amended Complaint also alleged failure to pay overtime wages. The overtime claims were dismissed with prejudice pursuant to stipulation.

3 PAGA claims may be brought as class actions, but need not be. ( Arias , supra , 46 Cal.4th at p. 981 fn. 5.) P laintiffs here have not alleged their PAGA claim as a class action.3

were covered by any of a succession of collective bargaining agreements from 2004
onward

. Plaintiffs argue d that these collective bargaining agreements contain employment policies that apply to all class members , including a policy requir ing class members to remain on duty and subject to interruption d uring all meal periods, a polic y that do es not permit off

- duty rest periods
, and policies that do not comply with requirements for the accrual, timing, and duration of meal and rest periods

. The proposed class encompasses two subclasses: the Communication Center Employee Subclass, which includes dispatchers and call takers, and the Field Employee
Subclass
, which i nclud es EMT ’ s, paramedics, nurses and drivers

. W e adopt the t rial
court’s conve ntion and refer to the Communication Center Employee Subclass as the “Comm Center Class” and to the Field Employee Subclass as the “Field Employee
Class.” 4 As of May 2013, AMR had identified approximately 400 potential members of
the Comm Center Class and 5,200 potential members of the Field Employees Class

.

4 The Comm Center Class includes “[a]ll individuals currently o r formerly employed by [A MR ] as dispatchers and/or call takers at any time from April 16, 2004, until resolution of this ac tion, on a full

- time or part

- time basis, in one or more of the following Counties in California: Monterey, Tulare, Santa Cruz, Santa Clara, San Mateo, Stanislaus (excluding Turlock Operations), Alameda, San Francisco, Contra Costa, San Joaquin (excluding Tracy Operations), Calaveras, Marin, Solano, Sonoma, Yolo, Sacramento, Placer, and Shasta.” Bartoni and Murray are proposed as representatives of the Comm Center Class

. From 1998 to November 2012 , Bartoni worked as a dispatcher at the Burlingame communic ations center
, and Murray was employed from April 2000 to some time before 2012 as a dispatcher at the Burlingame communications center

. The Field Employee Class includes “[a]ll individuals currently or formerly employed by [A MR ] at any time from June 23 , 2004, until resolution of this action, on a full

- time or part

- time basis, in one or more of the following positions and Counties in California: [¶] [1] For the entire class period : [¶] EMT

- 1s, EMT

- 2s, EMT

- Ps, Drivers, and Wheelchair Van Drivers in Monte rey, Tulare, Santa Cruz, Santa Clara, San Mateo (excluding EMT

- Ps), Stanislaus (excluding Turlock Operations), Alameda, San Francisco, Contra Costa, San Joaquin (excluding Tracy Operations), Calaveras, Marin, Solano, Sonoma, Yolo, Sacramento, Placer, and S hasta counties. [¶] [2] For the period from July 1, 2006 to the end of the class period : [¶] EMT

- 1s and Paramedics in San Benito County; [¶] CCTs and EMT/CCTs in Alameda, Contra Costa, San Mateo, and Yolo Counties; [¶] Paramedic CCTs in Contra Costa, Mont erey, Placer, Sacramento, San Joaquin, Calaveras, and Santa Clara Counties; [¶] RNs and CCT/RNs employed in4

Plaintiffs supported their motion with their own declarations, but not declarations from any other potential class members; excerpts from the depositions of individuals designated by A MR to testify as to various issues; copies of collective bargaining agreements and agreements for on

- duty meal periods; documents reflecting A MR ’s policies and procedures; excerpts from A MR ’s responses to discovery requests; a printout
from A MR ’s web site, and a stipula tion about the use and contents of the on

- duty meal period agreement that class members signed

. 5

A MR opposed plaintiffs’ motion on multiple grounds . Among other things, it argued that plaintiffs failed to identify class

- wide policies regarding meal and rest periods that are consistently applied

. A MR also argued that because the proposed classes include
field employees working in 18 different geographic operations and employees working in
5 different communications centers , which have different approach es to meal and rest

Alameda, Contra Costa
, Monterey, Sacramento, Santa Clara, and Sonoma Counties. [¶] [ 3 ] For the period from July 1, 2008 to the end of the class peri od: [¶] EMT

- 2s, EMT

P s, Drivers, and Wheelchair Van Drivers in San B enito County.” Francis, Murray and Wilhoyte are proposed as representatives of the Field Employees Class

. Francis was employed from January 2002 to November 2009 as an EMT in Alameda Co unty, Murray was employed from sometime after April 2000 to April 2012 as an EMT based in Santa Clara and Contra Costa Counties , and Willhoyte was employed from January 1987 until at least December 2013 as an EMT. Plaintiffs concede that they cannot repre sent employees who worked solely under the collective bargaining agreement that has been in effect in Monterey since 2010.

5 The parties stipulated that throughout the class period, A MR ’s practice was to request that all putative class members sign on

- du ty meal period agreements with the following language: “It is hereby agreed between [A MR ] and the Employee signing below that the nature of AMR ’ s business prevents Employee from being relieved of all duty during meal periods. Accordingly, it is further a greed that Employee’s meal periods shall be considered on

- duty meal periods and shall be counted as time worked for all purposes, including payment of regular and overtime compensation. [ ¶ ] I certify that I have read and understand the above information a nd agree to these conditions of my pay. I enter into this authorization and agreement freely and voluntarily. I understand that I may revoke this agreement in writing at any time. Revocation will be effective from the date received. I further understan d, that the revocation of this agreement may limit my scheduling opportunities as the nature of

. . . AMR’s business prevents employees from being relieved of all duty during meal periods.”5

periods
, plaintiffs cannot show that issues of law or fact common to the class predominate, and therefore cannot establish the existence of a community of interest, a requirement for class certification.
A MR presented declarations fr om potential class members who described their
varied experiences as to when and how they took meal and rest periods; deposition testimony from the plaintiffs describing their experiences in taking meal and rest periods ; and declarations and policy documen ts describing the variety of operations and practices across the 18 operating units and 5 communications centers covered by the proposed class, including practices regarding meal and rest periods. At A MR ’s request, the trial court took judicial notice of orders denying class certification in other case s , including cases filed against AMR, “but only as to the existence of these trial court decisions.” The trial court also took judicial notice of materials prepared by the Division of Labor
Standards Enforce ment (DLSE), which is the state agency empowered to enforce California’s labor laws, including IWC wage orders. (Lab. Code, §§ 61, 95 ; Brinker
, supra, 53 Cal.4th at p. 1029, fn. 11 .) The trial court’s thorough and thoughtful consideration of the certif ication issues
here is shown in its request for supplemental briefing from the parties on the possible impact on this case of Duran v. U.S. Bank National Association (2014) 59 Cal.4th 1 ( Duran ) , which held that “[c]lass certification is appropriate only if

. . . individual questions can be managed with an appropriate trial plan

. ” ( I d. at p. 27

. ) The trial court
also directed plaintiffs to present a proposed trial plan. Then, a fter the parties submitted the material requested, t he court requested furthe r supplemental briefing , and directed plaintiffs to “ ‘ (1) clearly articulate each of AMR ’s policies that are being challenged in this action, (2) clearly articulate why and in what way each of the challenged policies in unlawful, and (3) clearly articulat e either (a) the manner in which each of the challenged policies could be modified to make it lawful, or (b) a lawful alternative policy that would be suitable to those of AMR ’s operations in which the putative members of both classes work. ’ ” In response to this second request for supplemental briefing, p laintiffs identified 11 policies.6

The first is A MR ’s uniform policy of providing only on

- duty meal periods to
members of both classes . Plaintiffs argue that although California law requires off

- duty

m eal periods unless (a) the nature of the work prevents an employee from being relieved of all duty
, and (b) the parties have agreed in writing to an on

- the

- job paid meal period,
A MR uniformly, and improperly, require s all class members to sign on

- duty meal period agreements. The second is A MR ’s uniform requirement that members of both classes remain “on duty” at all times . Plaintiffs arguing that this policy deprives class members of rest periods, which must be “off duty.” The remaining nine policies govern meal or rest periods and affect the Comm Center Class (or a portion of it) or the Field Employee Class (or a portion of it) , or both

. Plaintiffs characterize these as “uniform policies regarding number, duration and timing of meal and rest periods
, ” and identify them in a chart they submitted to the trial court as part of the supplemental briefing

. 6 After a hearing, and after receiving further supplemental briefing from AMR, t h e trial court denied class certification for plaintiffs’ causes of ac tion under the Labor Code
and the UCL arising from the 11 identified policies

. 7 The court found that plaintiffs satisfied the numerosity and ascertainability requirements
, but failed to satisfy the community of interest requirement. With respect to the f irst two policies that plaintiffs identified, described a s “overarching policies” because the policies apply to all members of both classes, the trial court rested it s ruling on its conclusion that a meal or rest period during which an employee remains “on call” but is not actually interrupted is properly

6 One of the nine policies
, identified in plaintiffs’ chart as p olicy 11, pertains only to class members in Monterey for the period starting in J uly 2010. Plaintiffs concede that they cannot represent employees for these claims, which arise under a collective bargaining agreement that never affected any of the four na med plaintiffs.

7 AMR argues that plaintiffs did not ask the trial court to certify classes for their claims for declaratory and injunctive relief under the UCL. This suggestion is belied by the trial court’s order, which states, “Plaintiffs assert that because their UCL

. . . claims are derivative of their meal and rest break .

. . claims, they too should be certified.”7

characterized as an “off duty” period. As we discuss below, this conclusion was based on an erroneous legal premise insofar as rest periods are concerned

. With respect to the remaining nine policies, the trial court concluded that plaintiffs had failed to identify any policy that was uniformly applicable across either class. The court also determined “t hat the inclusion or exclusion of certain employees from certain policies (e.g., Burlingame
Comm Center employees excluded from policy 10; policies 5 and 11 applicable only to Monterey [ 8 ] ) raises questions of standing and adequacy of representation. In sum, Plaintiffs have not established that any of their claims based on timing, duration and
accrual of re st or meal breaks may be a d judicated on a class wide basis. Individual issues clearly predominate.” Plaintiffs appealed , arguing that the order denying class certification is appealable under the “death knell” doctrine because it terminates their class claims

. After plaintiffs filed their op ening brief, A MR moved to dismiss the appeal
, relying on the recently

- filed decision in Munoz v. Chipotle Mexican Grill, Inc. (2015) 238 Cal.App.4th 291, 310 ( Munoz ) , in which the Court of Appeal held that an order denying
class certification wa s not appealable where representative PAGA claims remain ed pending

. W e took the fully

- briefed motion under submission to be decide d w ith the merits of the appeal.
A MR subsequently requested we take judicial notice of an un published opinion dismissing appeal filed in Banta v. American Medical Response, Inc. , Case No. B255239 ( Banta ) on February 22, 2016
, and an order dismissing appeal filed in Karapetian v. American Medical Response, Inc. , Case No. BC405195 ( Karapetian ) on A ugust 17,
20 1 6. AMR explain s that Banta and Karapetian were previously coordinated with plaintiffs’ case at the trial court, all three cases involve claims that related companies did not provide meal periods or rest periods in compliance with California l aw, and all the complaints assert class claims as well as PAGA claims. The plaintiffs in Banta , like the

8 The trial court’s reference to policy 5 appears to be an error

. P laintiffs’ chart states that policy 5 applies in Monterey and in other locations.8

plaintiffs here, sought appellate review of a trial court order denying class certification. The plaintiffs in Karapetian sought appellate review of an order decertifying classes. In each case, the Court of Appeal dismissed the appeal, citing Munoz. We took the unopposed requests under submission to decide with the merits of the appeal and now deny them

. The opinion and order in Banta and Kar a petia n are court records, and we may take judicial notice of them as such pursuant to Evidence Code section 452, subdivision (d)(1)

. But AMR do es not ask us to take judicial notice of the documents simply as court records . Instead, AMR argue s that although th e opinion and
order are “not binding,” they are “persuasive authority

. ” Under California Rules of Court, rule 8.1115, we may not cite or rely on an unpublished opinion absent certain exceptions, which do not apply here. Accordingly, we deny the requests for judicial
notice.
DISCUSSION
A. Appealability
1. Applicable Law
A MR ’s motion to dismiss the appeal turns on the scope of the “death knell” doctrine, by which a trial court decision denying class certification is appealable when its impact is to strip a case of all but the plaintiff’s individual claims. ( In re Baycol Cases I
and II (2011) 51 Cal.4th 751, 757 ( Baycol ).) The doctrine is an exception to the fundamental principle of appellate practice , codified in Code of Civil Procedure section 904.1, th at an appeal may be taken only from the final judgment in an entire action. ( Id

. at p. 756.) Because an order denying class certification “effectively [rings] the death knell for the class claims, we [treat] it as in essence a final judgment on those cla ims.” ( Id. at p. 757.) The death knell doctrine is “ ‘a tightly defined and narrow concept’ ” ( Id. at p. 760, quoting Farwell v. Sunset Mesa Property Owners Assn

. , Inc. (2008) 163 Cal.App.4th 1545, 1547) that depends on “the contrast between the continui ng viability of individual claims and the terminated status of absent class member claims.” ( Baycol at p. 760.) Two procedural circumstances underlie the rule: “first, that the appealed

- from order was the practical equivalent of a final judgment for som e parties, and second, that9

in the absence of our treating the order as a de facto final judgment, any appeal likely would be foreclosed.” ( Id. at p. 757.) Thus, the doctrine “require[s] an order that (1) amounts to a de facto final judgment for absent p laintiffs, under circumstances where (2) the persistence of viable but perhaps de minimis individual plaintiff claims creates a risk

no formal final judgment will ever be entered.” ( Id. at p. 759.) The Court of Appeal analyzed t he relationship between the death knell doctrine
and class and PAGA claims in Munoz , where plaintiffs alleged Labor Code, UCL and PAGA claims arising from defendant’s taking improper deductions from employee paychecks and providing improper pay stubs. ( Munoz , supra , 238 Cal.App. 4th at pp.
294

- 295.) The trial court denied plaintiffs’ motion to certify a class of about 26,000 current and former employees for the Labor Code and UCL claims, leaving plaintiffs with their individual Labor Code and UCL claims, and their PAGA claims. ( Id. at p. 294.) The Court of Appeal observed that the civil penalties available under PAGA are substantial, and that a prevailing plaintiff may also recover attorney fees and costs, and concluded that in a case where the alleged violator “has had many emp loyees with earnings over many pay periods, the recovery could be quite substantial.” 9 ( Id. at p. 311.)
Munoz was therefore unlike a case in which the denial of class certification le aves only individual claims, where “recovery is too small to justify pu rsuing the action” to final judgment. ( Id. at p. 312.) The Munoz court concluded, “Given the potential for recovery of significant civil penalties if the PAGA claims are successful, as well as attorney fees and costs, plaintiffs have ample financial ince ntive to pursue the remaining representative
claims under

. . . PAGA and, thereafter, pursue their appeal from the trial court’s order denying class certification. Denial of class certification where the PAGA claims remain

9 The civil penalties available under PAGA are $100 “for each aggrieved employee per pay period for the initial violation and [$200] for each aggrieved employee per pay period for each subsequent violation.” (Lab. Code
, § 2699, subd. (f)(2).) Seventy

- five percent of the penalties recovered are to be distributed to the Labor and Workforce Development Agency, with the remaining 25 percent distributed to the aggrieved employees. (Lab. Code , § 2699, subd. (i).)10

in the trial court would not hav e the ‘legal effect’ of a final judgment under the reasoning
of Baycol .” ( Id. at p. 31 1 .)
2. Analysis
A MR argues that the analysis of Munoz applies here, and that therefore p laintiffs’ appeal should be dismissed. Plaintiffs respond that Munoz is wro ngly decided and request that that we treat the appeal as a petition for writ of mandate if we are inclined to grant the motion to dismiss

. We need not decide wh ether the order challenged here is appealable , because we will exercise our discretion to trea t the appeal as a writ petition.
As we discuss below in Section B, the trial court’s ruling on class certification

rests in part on its erroneous determination of a n issue that is central to the merits of plaintiffs’ claims , including their claims under PAGA

. We properly exercise our discretion to treat an appeal from a nonappealable order as a petition for extraordinary
writ where the following conditions are met: “requiring the parties to wait for a final judgment might lead to unnecessary trial proc eedings, the briefs and record include in substance the necessary elements for a proceeding for a writ of mandate, there i s no indication the trial court would appear as a party in a writ proceeding, [and] the appealability of the order is not clear .” ( H. D. Arnaiz, Ltd. v . County of San Joaquin (2002) 96 Cal.App.4th 1357, 1367.) All those considerations are present here. The
record before us allow s us to resolve the issue now. There is no indication the trial court would be more than a nominal party to a writ proceeding. It was not clear whether the order denying class certification was appealable, as Munoz was not decided until after plaintiffs initiated this appeal. Most important, there will be needless delay and waste of the parties’ and the courts ’ time and resources i f the appeal is dismissed and the case proceeds in the trial court, only to have us later conclude that an erroneous ruling
underlies not only the denial of class certification , but also the determination of the
merits. (See Hogya v. Superior Court (1977) 75 Cal.App.3d 122, 128 [listing some of the factors to consider in evaluating the adequacy of the appellate remedy, including whether the asserted error might “infect the trial”].) We conclude that writ review is appropriate

.11

B. Cla ss Certification
1. Applicable Law Class actions are authorized by statute “when the question is one of a common or general interest of many persons, or when the parties are numerous
, and it is impracticable to bring them all before the court .” (Code Ci v. Proc., § 382 .) As the party advocating class treatment, plaintiffs “ ‘ must demonstrate the existence of an ascertainable and sufficiently numerous class, a well

- defined community of interest, and substantial benefits from certification that render proc eeding as a class superior to the
alternatives. [Citations.] “In turn, the ‘community of interest requirement embodies three factors: (1) predominant common questions of law or fact; (2) class representatives with claims or defenses typical of the class; and (3) class representatives who can

a dequately represent the class.’ ” ’ ( Brinker [, supra , 

### ] 53 Cal.4th [at p. ] 1021.)” ( Ayala v. Antelope Valley Newspapers, Inc. (2014) 59 Cal.4th 522, 529

- 530 ( Ayala ).) In this case,
the primary issue on appeal is th e presence or absence of predominant common questions. “[T]he ‘ultimate question’ for predominance is whether ‘the issues which may be jointly tried, when compared with those requiring separate adjudication, are so numerous
or substantial that the maint enance of a class action would be advantageous to the judicial process and to the litigants.’ ( Collins v. Rocha (1972) 7 Cal.3d 232, 238; see Lockheed Martin Corp. v. Superior Court (2003) 29 Cal.4th 1096, 1104

- 1105, 1108.) ‘The answer hinges on “whether the theory of recovery advanced by the proponents of certification is, as an analytical matter, likely to prove amenable to class treatment. ” ( Sav

- On [ Drug Stores, Inc. v. Superior Court (2004) 34 Cal.4th 319,] 327.) .

. . “As a general rule if the
defen dant’s liability can be determined by facts common to all members of the class, a
class will be certified even if the members must individual ly prove their damages.” [Citations.] ’ ( Brinker [, supra , ] 5 3 Cal.4th [ at pp. ] 1021

- 1022 ; see also Employment
Devel opment Dept. v. Superior Court (1981) 30 Cal.3d 256, 266; Vasquez v. Superior
Court (1971) 4 Cal.3d 800, 809.) However, .

. . class treatment is not appropriate ‘if every member of the alleged class would be required to litigate numerous and substantial12

q uestions determining his individual right to recover following the “class judgment” ’ on common issues. ( City of San Jose v. Superior Court (1974) 12 Cal.3d 447, 459.)” ( Duran , supra , 59 Cal.4th at p. 28.) “Claims alleging that a uniform policy consiste ntly applied to a group of employees is in violation of the wage and hour laws are of the sort routinely, and properly, found suitable for class treatment.” ( Brinker
, supra , 53 Cal.4th at p. 1033.) But “predominance of common issues is .

. . not the only consideration. In certifying a class action, the court must also con c lude that litigation of individual issues, including those arising from affirmative defenses, can be managed fairly and efficiently. ( Washington Mutual [ Bank. v. Superior Court (2001)] 24 Cal.4th [906,] 922

- 923.) ‘[W]hether in a given case affirmative defenses should lead a court to approve or reject certification will hinge on the manageability of any individual issues. [Citation.]’ ( Brinker , [ supra , 5 3 Cal.4th] at p. 1054 (conc. opn . of Werdegar, J.).)

. . . [W]here a party seeks class certification based on allegations that the employer consistently imposed a uniform policy or de facto practice on class members, the party must still demonstrate that the illegal effects of this condu ct can be proven efficiently and manageably within a class setting. ( Brinker
, [ supra , 5 3 Cal.4th] at p. 1033; Daily v. Sears, Roebuck & Co. (2013) 214 Cal.App.4th 974, 989.)” ( Duran , supra , 59 Cal.4th at pp. 28

- 29.) “Presented with a class certificatio n motion, a trial court must examine the plaintiff’s theory of recovery, assess the nature of the legal and factual disputes likely to be presented, and decide whether individual or common issues predominate. To the extent the propriety of certification d epends upon disputed threshold legal or factual questions, a court may, and indeed must, resolve them.” ( Brinker
, supra , 53 Cal.4th at p. 1025.)
We review a trial court’s ruling on class certification for abuse of discretion. ( Brinker
, supra , 53 Cal.4th at p. 1017 ; Linder v. Thrifty Oil Co. (2000) 23 Cal. 4th 429, 435 ( Linder ) [ “ [ b ] ecause trial courts are ideally situated to evaluate the efficiencies and practicalities of permitting group action, they are afforded great discretion in granting or denying c ertification”] .) We will not disturb the ruling “ ‘unless (1) it is unsupported by13

substantial evidence, (2) it rests on improper criteria, or (3) it rests on erroneous legal assumptions.’ ” ( Brinker
, supra , 53 Cal.4th at p. 1022.) “We review the trial court’s actual reasons for granting or denying certification; if they are erroneous, we must reverse, whether or not other reasons not relied upon might have supported the ruling.” ( Ayala
, supra , 59 Cal.4th at p. 530, citing Linder
, supra , 23 Cal.4th at p . 436.) “ ‘A ny valid pertinent reason stated will be sufficient to uphold the order. ’ ” ( Linder
, supra , 23 Cal.4th at p. 436, quoting Caro v. Procter & Gamble Co. (1993) 18 Cal.App.4th 644, 656.)
2. Analysis Because the trial court’s ruling on class ce rtification addresse s the merits of plaintiffs’ legal claims, w e begin our analysis with background on the law requiring employers to provide meal and rest periods to their employees

.

a. The Obligation to Provide Meal and Rest Periods California empl oyers must provide meal periods of at least 30 minutes to employees who work more than five hours per day , except that if a work period of six hours or less will complete the day’s work, the meal period may be waived by mutual agreement of employer an d emp loyee. (Lab. Code, 10 § 512, subd. (a); Cal. Code Regs., tit. 8, § 11090, subd. (11)(A).) Employers must provide a second meal period of at least 30 minutes to employees who work more than 10 hours per day, except that if the total
hours worked is 12 or le ss and the first meal period has not been waived, the second meal period may be waived by mutual agreement of employer and employee. ( § 512, subd. (a); Cal. Code Regs., tit. 8, § 11090, subd. (11)(B).) Employers may not require employees to work during t hose meal periods. ( § 226.7 , subd. ( a)

. 11 ) “Unless the employee is relieved of all duty during a 30 minute

10 Subsequent statutory refe rences are to the Labor Code unless otherwise stated.

11 Here and elsewhere, we refer to section 226.7 as originally enacted. (Stats. 2000, ch. 876, § 7.) Se ction 226.7 has been amended twice since plaintiffs filed their

c omplaint, but the revisions are n ot relevant here. (Stats. 2013, c h. 719, § 1; Stats. 2014, ch. 72, § 1.)14

meal period, the meal period shall be considered an ‘on duty’ meal period and counted as time worked. An ‘on duty’ meal period shall be permitted o nly when the nature of the work prevents an employee from being relieved of all duty and when by written agreement between the parties an on

- the

- job paid meal period is agreed to. The written agreement shall state that the employee may, in writing, revoke the agreement at any time.” (Cal. Code Regs. , tit. 8, § 11090, subd. (11)(C).) Thus, “[a]bsent circumstances permitting an on

- duty meal period, a n employer’s obligation is to provide an off duty meal period: an uninterrupted 30

- minute period during whic h the employee is relieved of all duty.” ( Brinker, supra , 53 Cal.4th at p. 103 5 [construing Cal. Code Regs., tit 8, § 11050, subd. (11)(A), which contains the same language as Cal. Code Regs., tit. 8, § 1 1 090, subd. (11)(C )]. ) “The employer satisfies thi s obligation if it relieves its employees of all duty, relinquishes control over their activities and permits them a reasonable opportunity to take an uninterrupted 30

- minute break, and does not impede or discourage them from doing so. What will suffice m ay vary from industry to industry.” ( Brinker at p. 1040.) If an employer does not provide a meal period as required, the employer must pay the employee an hour of pay at the employee’s regular hourly rate for each workday that the meal period is not prov ided. ( § 226.7, subd. (b); Cal. Code Regs., tit. 8, § 11090, subd. (11)(D).) California law requires employers to provide employees who work at least three
and one

- half hours with paid rest periods at the rate of 10 minutes rest time for every four
hours “or major fraction thereof” of work. (Cal. Code Regs., tit. 8, § 11090, subd. (12)( A ).) Rest periods count as time worked ( i bi d. ), but employers may not require employees to work during those rest periods. ( § 226.7, subd. (a).)
In Augustus v. ABM Se curity Services, Inc. (2016) 2 Cal.5th 257 , 264 ( Augustus ) , our Supreme Court recently interpreted the rest period requirement for security guards,
which is defined by the same wage order at issue here. 12 (Cal. Code Regs., tit. 8,

12 Augustus interpreted IWC Wage Order 4

- 2001 , codified in subdivision 12 of California Code of Regulations, title 8, section 11040 . ( Augustus , supra , 2 Cal.5th at p. 2 60 .)15

§ 11090, subd. (12).) In Augustus , the Supreme Court addressed two questions. First, the court asked whether the wage order requires employers to provide employees with off

duty rest periods, defined as “time during which an employee is relieved from all work

related duties and free from employer control.” ( Augustus , supra , 2 Cal.5th at p. 264.) The court answered that question in the affirmative. ( Id. at p. 269.) Second, the court asked whether an employer can satisfy its obligation to provide an off

- duty rest period
when it requires employees to remain on call, and concluded that the answer is no. ( Ibid. ) The court noted that the length of a required rest period, 10 minutes, “impose[s] practical limitations on an employee’s movement” during that time: “[D]uring a rest

p eriod an employee generally can travel at most five minutes from a work post before returning to make it back on time. Thus, one would expect that employees will ordinarily have to remain onsite or nearby. This constraint, .

. . common to all rest period s, i s not sufficient to establish employer control. But now add to this state of affairs the additional constraints imposed by on

- call arrangements. Whatever else being on call entails in the context of a required rest break, that status compels employee s to remain at the ready and capable of being summoned to action (see e.g. Mendiola [ v. CPS Security Solutions, Inc. (2015)] 60 Cal.4th [833,] 837.) Employees forced to remain on call during a 10

- minute rest period must fulfill certain duties: carrying a device or otherwise making arrangements so the employer can reach the employee during a break, responding when the employer seeks contact with the employee, and performing other work if the employer so requests. These obligations are irreconcilable with employees’ retention of freedom to use rest periods for their own purposes. ( Morillon v. Royal Packing Co. (2000) 22 Cal.4th 575, 586.)” ( Augustus , supra, 2 C al.5th at p. 270.) Therefore, during rest periods, an employer must “relinquish any control ove r how employees spend their break time, and relieve their employees of all duties

— including the obligation that an16

employee remain on call

. ” 13 ( Id. at p. 273.) If an employer does not provide a rest period as required, the employer must pay the employee a n hour of pay at the employee’s regular hourly rate for each workday that the rest period is not provided. ( § 226.7, subd. (b); Cal. Code Regs., tit. 8, § 11090, subd. (12)(B).)

b. AMR’s Overarching Meal and Rest Period Policies
The trial court believe d that “in order to determine whether the lawfulness of AMR’s overarching meal and rest break policies can be established on a class wide basis, it must resolve” a preliminary legal issue, specifically, “whether a break during which an employee remains ‘on call’ can ever be in compliance with the applicable sections of the Labor Code and the IWC Wage Orders.” The trial court drew on authority that there is nothing inherently illegal about a “ ‘ blanket agreement for on

- duty meal periods .

. . so long as the conditions necessary to establish that the nature of the employee’s work prevents the employee from being relieved of all duty are met for each applicable on

- duty meal period taken. ’ ” (DLSE Opinion Letter, June 9, 2009, p. 9. 14 ) From that, the trial

cou rt concluded that a “meal break or a rest break may be legally compliant even if the

13 Our S upreme Court emphasized that Augustus does not prohibit an employer from recalling employees while they are on rest breaks should it be necessary, and stated that “[n] othing in our holding circumscribes an employer’s ability to reasonably reschedule a rest period when the need arises.” ( Augustus , supra , 2 Cal.5th at p. 271.) The Supreme Court observed that “employers who find it especially burdensome to relieve their employees of all duties during rest periods

— including the duty to remain on call” could p rovide another rest period to replace the one that was interrupted, or pay the employee the premium set forth in the applicable wage order and section 226.7. ( Id. at p

. 272.) These “options should be the exception rather than the rule,” so any “employer [ who ] seeks to be excused generally from compliance” with the rest period requirement should request an exemption from the DLSE. ( Id. at p. 272, fn. 14; see Cal. Code Regs., tit 8, § 11090, subd. (17) [authorizing applications for exemption from rest peri od requirements of subdivision (12)].)

14 The trial court took judicial notice of this opinion letter on its own motion. Although DLSE opinion letters are not controlling upon the courts, they “constitute a body of experience and informed judgment to which courts and litigants may properly resort for guidance.” ( Brinker
, supra , 53 Cal.4th at p. 1029, fn. 11, internal quotation marks omitted.)17

employee remains ‘on call’ during the break. ” (Italics added.) The trial court then went further, and without citing any authority, concluded that “ if a break is not act ually interrupted, then it may properly be characterized as ‘off

- duty’ if it otherwise meets the criteria set forth in the applicable Wage Orders.” The court concluded that this interpretation of off

- duty meal and rest breaks was “reasonable as applied to the work performed by the putative class memb ers in this case.” Plaintiffs argue that th e trial court’s conclusions as to predominance rest on erroneous assumptions about the characteristics of off

- duty meal and rest periods.

i. Meal Periods
Our S upreme Court has held that an employer satisfies its obligation to provide meal periods “if it relieves its employees of all duty, relinquishes control over their activities and permits them a reasonable opportunity to take an uninterrupted 30

- minute
break , and does not impede or discourage them from doing so. What will suffice may vary from industry to industry.” ( Brinker
, supra , 53 Cal.4th at p. 1040.) Furthermore, “the issue of different industry practices is a factual determination.” ( Driscoll v. Gr anite
R ock Co. (2016) 6 Cal.App.5th 215, 224.) The DLSE has opined that an employee required to carry a pager has a duty

- free meal period for purposes of compensation unless
he or she “responds, as required, to a pager call during the meal period.” (DLSE Opinion Letter, Jan. 28, 1992, p. 3 .) Accordingly, the trial court appropriately rejected plaintiffs’
view that an on

- call meal period is necessarily “on

- duty” for purposes of the wage and hour laws. Thus we disagree with plaintiffs’ contention that the trial court’s denial of class certification as to the overarching meal period policy relied on an erroneous legal assumption. The trial court reasoned that to determine whether AMR’s meal break policy is lawful, the court must determine “whether there is a valid on

- duty meal break agreement [and] also the circumstances in which any such agreement is invoked to justify an interruption.” AMR came forward with evidence to show that employees in different operations are dispatched and take meal periods in different ways. As a result, substantial evidence supports the trial court’s conclusion that individual inquiries would be18

necessary to determine which particular meal breaks were uninterrupted (and thus off

duty) and which were interrupted (and thus on

- d uty), and then, as to the interrupted periods, whether the necessary conditions were met to establish that the nature of the work prevented the employee from being relieved of all duty . Substantial evidence also supports the trial court’s conclusion that these individual inquiries would predominate over common inquiries, and therefore that the overarching meal period policy should not be adjudicated on a class

- wide basis. Plaintiffs argue that this case is like Faulkinbury v. Boyd & Associates, Inc. (20 13) 216 Cal.App.4th 220, 232

- 233 ( Faulkinbury ), in which a potential class of security guards presented evidence that their employer required all class members to sign on

- duty meal period agreements and to take on

- duty meal breaks, regardless of the job du ties or locations where they worked. The Court of Appeal reversed a trial court order denying class certification, and remanded with directions to grant plaintiffs’ class certification motion. ( Id. at p. 241.) In Faulkinbury , the Court of Appeal conclud ed that “[t]he lawfulness of [defendant’s] policy of requiring all security guard employees to sign the

on

- duty meal break agreeme nt can be determined on a class wide basis.” ( Id. at p. 233.) The Court of Appeal further concluded “by requiring blanket off

- duty meal break waivers
in advance from all security guard employees, regardless of the working conditions at a particular station, [defendant] treated the off

- d uty meal break issue on a class wide basis.” ( Id. at p. 234.) We agree with the trial court here that plaintiffs’ case is distinguishable from Faulkinbury . There, the evidence showed that the employer’s policy was consistently implemented such that employees were never “given a 30

- minute, uninter rupted, off

- duty meal period,” ( Faulkinbury
, supr a , 216 Cal.App.4th at p. 225.) while the evidence here is that AMR’s operating units have different appro aches to meal periods, and that AMR employees have received uninterrupted breaks of 3 0

- minutes or more. The only similarity with Faulkinbury is the ex istence of a policy that employees sign on

- duty meal period agreements, which does not in itself violate the law.19

Here, i n addition to concluding that individual issues predominate, the trial court’s order expressed a second reason for denying class cer tification as to the overarching meal break policy. The court wrote that “[p]laintiffs failed to present a credible trial plan” that would allow individual inquiries to be developed in a manageable way. The lack of a credible trial plan is another ground to uphold the trial court’s order denying certification as to the overarching meal period claim. ( Duran , supra , 59 Cal.4th at p. 32.)

ii. Rest Periods In its brief discussion of plaintiffs’ overarching rest period claim
, the trial court
framed th e issue as follows: “Here, Plaintiffs assert that AMR’s policy was for rest
breaks to be taken ‘on

- duty,’ i.e., during periods subject to ‘downtime’ control. [ 15 ] In other words, Plaintiffs’ theory of liability similarly rests on the concept that a rest br eak is not ‘off

- duty’ if the employee remains ‘on

- call.’ As the court concluded in connection with the meal period claims, this theory is fundamentally flawed, and cannot support the conclusion that a uniform unlawful pol icy applied to the entire class

. . . . [W]ithout a basis for a finding of uniformity, all rest break claims devolve to individual inquiries.” The trial court reached this conclusion without the benefit of our Supreme Court’s
decision in Augustus , which holds that on

- call time is not off

- duty and is not a rest period
under California law. 16 (

Augustus , supra , 2 Cal.5th at pp. 269.) Because the trial court’s decision to deny class certification with respect to AMR’s overarching rest period policy
rests on its legal conclusion that a rest pe riod during which an employee remains on call may be considered an off

- duty rest period, and because that conclusion is incorrect under Augustus , we must reverse and remand even if other reasons not relied upon might support the trial court’s decision. ( A yala
, supra , 59 Cal.4th at p. 530.)

15 AMR submitted declarations from employees who stated that they do not have scheduled rest periods, but rather hav e periods of downtime during which they can engage in personal activities.

16 In a focus letter, we asked the parties to be prepared to address at oral argument how Augustus applies to this case , which they did.20

We recognize that there may well be other bases on which the trial court may conclude on remand that plaintiffs have not shown the predominance of common issues required for class certification of their overarching re st period claim. For example,

a lthough plaintiffs presented evidence that AMR’s policy is for employees to be on

- call during rest periods, and that AMR has no policy or practice of paying additional compensation to employees who are not provided a rest pe riod, as required by the wage
order (Cal. Code Regs., tit. 8, § 11090, s ubd. (12)(A)), AMR presented evidence that different policies and practices have applied at different times and places and to different types of employees. In any event , w e will vac ate the trial court’s order insofar as it applies to the overarching rest period policy and we leave the question whether to certify the overarching rest break claims to the trial court on remand.

c. AMR’s Other Meal and Rest Period Policies
We turn n ow to the trial court’s denial of class certification with respect to nine
other AMR meal and rest period policies
, which plaintiffs contend are reflected in collective bargaining agreements and are “facially non

- compliant with California law governing tim ing, duration, and accrual” of meal and rest periods

. Plaintiffs argu e that
these “uniform policies
, ” which they numbered 3 through 11 and identified in a chart
, violate t he law independent of AMR’s overarching policies

. P laintiffs concede that they

cann ot re present employees affected by policy 11, which applies only to A MR ’s emplo yees in Monterey starting in July 2010. This leaves eight policies, numbered 3 through 10 , at issue on appeal

. The trial court’s reason for denying certi fication was that plai ntiffs fail ed to identify “ any policy

. . . that is uniformly applicable across either class, ” and therefore
did not establish that the ir claim s can be adjudicated on a class

- wide basis and did not show that common issues predominate. In addition, the tri al court questioned whether plaintiffs had demonstrated standing and adequacy of representation for those claims. In arguing that the trial court erred, plaintiffs do not discuss the nine policies individually, nor do they urge us to consider the polici es individually. They do not21

challenge the trial court’s finding that none of the policies is uniform as to either class. Instead, p laintiffs advance two arguments to support their view that the trial court erred in denying class certification , but neith er of them has merit

. First, plaintiffs argue that the trial court erroneously assumed that for a class to be certified
, all class members’ claims
must be uniform. This argument mischaracteriz es the trial court’s ruling. The trial court
stated that clas s members’ claims must rest on a uniform policy, not that the claims must be uniform. The trial court’s inquiry on class certification necessarily considers how plaintiffs will show AMR’s potential liability to a class. Plaintiffs’ argument, however,

res ts on case law that addresses damages, rather than liability. Plaintiffs cite Sav

- On Drug Stores, Inc. v. Superior Court, supra, 34 Cal.4th 319 ( Sav

- on Drug ), for the proposition that class certification does not require that the “class members’ claims be uniform or identical.” ( Id. at p. 338.) That our Supreme Court in Sav

- on Drug was referring to questions of damages is clear from its citation to Va s quez v. Superior Court (1971) 4 Cal.3d 800 ( Va s quez ) to support the statement and its including a pertin ent quotation from Va s quez : “ ‘a community of interest does not depend upon an identical recovery.’ ” ( Sav

- on Drug , supra , 34 Cal.4th at p. 338, quoting Va s quez , supra , 4 Cal.3d at p. 809 .) The trial court concluded that p laintiffs failed to identify a uniform policy
, and plaintiffs do not argue otherwise. Indeed, they appear to concede that none of the policies covers the entirety of either of the subclasses they have proposed. Second, plaintiffs argue that substantial evidence does not support the trial court’s conclusion that the creation of subclasses would not permit effective management of proceedings concerning the allegedly improper policies

. P laintiffs contend that the trial court has the obligation to “consider and certify subclasses when t hat will ‘facilitate class treatment’ or one or more parts of the case ,” even if the class proponent has not moved
for subclasses. The trial court here fulfilled that obligation by considering subclasses, and concluding that class treatment was not approp riate on the record before it. On its own motion, the trial court considered whether plaintiffs’ “chart might provide a basis for identifying some narrow er class or classes (e.g., all Field Employees in Burlingame or all employees subject to a particular [collective bargaining agreement]) and allowing22

Plaintiffs to certify such a class or classes and proceed on that basis. Unfortunately, Plaintiffs did not develop a record in a manner that would allow the court to assess the viability of one or more such narrower classes, to identify which Plaintiffs would be in a position to represent that narrower class(es) and to determine whether with respect to that narrower class(es) common issues would predominate.” Furthermore, a t the hearing on plaintiffs’ moti on, the trial court asked plaintiffs’ counsel whether additional subclasses would be required for the court to properly address
the policies raised in plaintiffs’ chart, and whether the named plaintiffs were affected by each of the policies. Plaintiffs’ c ounsel said that additional subclasses were not needed, and that no additional class representatives wou ld be required. Although the trial court specifically inquired whether the named plaintiffs had standing to raise certain claims, plaintiffs’ counsel n ever identified which plaintiff(s) could be a representative for which subclass. Plaintiffs assert that “[t]he record shows that the group of proposed class representatives worked under all three of the CBAs as field staff and/or dispatchers. This

means that at least one plaintiff is typical and adequate to represent a class or narrowed subclass on each of the nine policies.” This assertion does not suffice to show that plaintiffs have met their burden to establish the predominant common questions and

ap propriate class representatives that are required to demonstrate a community of interest. ( Brinker
, supra , 53 Cal.4th at p. 1021.) For example, plaintiffs contend that a class of Comm Center employees, excluding those in Burlingame, ha s claims arising fr om a collective bargaining agreement that is silent as to rest periods “except to provide ‘ the opportunity to take breaks as operationally feasible. ’ ” Yet plaintiffs have failed to identify any representative for such a class of Comm Center employees. T hey have proposed Bartoni and Murray as the sole class representatives for the Comm Center Class. The only communications center at which either of them worked was in Burlingame, which means they are excluded from any subclass that might assert claims
fro m this particular policy. As the trial court noted, this “raises question s of standing and adequacy of representation,” which plaintiffs failed to address below, and likewise fail to
address here.23

On this record, we conclude that the trial court did not abuse its discretion in declining to certify a class, or classes, with respect to the nine AMR policies that plaintiffs identified in their chart.
DISPOSITION
AMR ’s requests for judicial notice are denied. AMR ’s motion to dismiss the appeal is denied, and plaintiffs’ appeal from the order denying the motion for class
certification , which has been fully briefed, is deemed a petition for writ of mandate. Let

a peremptory writ of mandate issue commanding the superior court to vacate the portion
of its ord er denying class certification for plaintiffs’ claims under the Labor Code and the
UCL that A MR failed to provide off

- duty rest periods (plaintiffs’ “overarching” rest period claim s ). The cause is remanded to the trial court for further proceedings
consis tent with this opinion. The parties shall bear their own costs in this proceeding.24 _________________________ Miller, J.

We concur:

_________________________ Kline, P.J.

_________________________ Richman, J.25

Filed 5/24/17 CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION TWO

LAURA BARTONI, et al., Plaintiffs and Appellants,

v. AMERICAN MEDICAL RESPONSE WEST, Defendant and Respondent. A143784 (Alameda County Super. Ct. No. RG 083822130) ORDER MODIFYING OPINION AND DENYING REHEARING, CERTIFYING OPINION FOR PUBLICATION [NO CHANGE IN JUDGMENT]

BY THE COURT: It is ordered that the opinion filed herein on April 25, 2017, be modified as
follows:

1. In the paragraph on page 5 beginning, “The trial court’s thorough

. . .” replace the end of the first sentence, beginning with “which held,” with the following: which emphasized that in deciding whether to certify a class, a trial court must consider the manageability of individual issues as well as the existence of common ques tions ( id. at p. 29),
and held that in cases where a class claim “ has the potential to raise numerous individual questions that may be difficult, or even impossible to litigate on a classwide basis[, c]lass certification is appropriate only if these indivi dual questions can be managed with an appropriate trial plan. ”

2. In the paragraph on page 14 beginning “In Augustus

. . .” the first sentence and its following parenthetical are replaced with: “In Augustus v. ABM Security Services, Inc. (2016) 2 Cal.5th 257, 264 ( Augustus ), our Supreme Court recently interpreted the rest period requirement for security guards by reference to a wage order containing language that also appears in the wage order at issue
here. 12 ” Footnote 12 is replaced with “ Augustus inter preted the rest period language in IWC Wage
Order 4

- 2001, codified in subdivision 12 of California Code of Regulations, title 8, section 11040.26

( Augustus , supra , 2 Cal.5th at p. 260.) IWC Wage Order 9

- 2001, which applies in this case, contains
identical rest period language. (Cal. Code Regs., tit. 8, § 11090, subd. (12).)”

3. In the first paragraph of section B.2.b.i. of the Discussion, beginning on page 17 :

a. A dd the following to the end of the quotation from Brinker after the words “industry to industry” : “and we cannot in the context of this class certification proceeding delineate the full range of approaches that in each instance might be sufficient to satisfy the law.”
b. Replace “Furthermore, ‘the issue of different industry practices is a factual
det ermination.’ ” and the citation to Driscoll v. Granite Rock Co. with “Further, what will suffice requires a factual determination.”

4. In the paragraph on page 17 beginning “The trial court reasoned” add the following
footnote at the end of the second sentenc e:

15 All Field Employees and Comm Center Employees sign on

- duty meal period agreements and are paid for their meal time. Furthermore, AMR’s agreements with its Field Employees provide that if employees are unable to take an uninterrupted 30

- minute meal period, they are entitled to receive a meal period premium of one hour’s wages. To receive the payment, employees submit “time exception reports.” The petition for rehearing is denied. This modification does not change the judgment. The opinion in th e above

- entitled matter filed on April 25, 2017, was not certified for publication in the Official Reports. For good cause and pursuant to California Rules of Court, rule 8.1105, it now appears that the opinion, as modified, should be published in
the Off icial Reports, and it is so ordered.

Dated: _______________________

___________________________ P.J.27

Trial Court: Superior Court of Alameda County
Trial Judge: Hon. Wynne S. Carvill
Attorney s for Appellant s Aaron D. Kaufman David P. Pogrel Leonard Carder LLP
Joshua Konecky Todd M. Schneider Schneider Wallace Cottrell Konecky Wotkyns LLP
Kimberly A. Kralowec Chad A. Saunders The Kralowec Law Group

Theodore Franklin Jannah V. Manansala Weinberg Roger & Rosenfeld

Attorney for Respondent Michael S. Kun Epstein Becker & Green, PC

A143784, Bartoni v. American Medical Response West