Silva v. See’s Candy Shops, Inc., 7 Cal. App. 5th 235 (2017)

The Court of Appeal held that the trial court properly granted summary judgment to See’s Candy as to the class-certified claims for failure to properly pay wages as a result of the employer’s rounding and grace-period policies, based on expert testimony that employees were paid for all of their work under See’s Candy’s policies. However, the trial court erred in granting summary adjudication on Pamela Silva’s individual claims for meal/rest period and expense reimbursement violations because See’s Candy did not move for summary adjudication on those claims – though it did request leave to amend its summary judgment notice to add the alternate summary adjudication request. The Court affirmed summary adjudication of the Private Attorney General Act (“PAGA”) claims on the ground that Silva could not prevail on her rounding/grace-period claims and because she failed to provide any evidence in support of a PAGA claim based on anything other than the rounding/grace period issues.