Sotelo v. Medianews Group, Inc

In Sotelo v. Medianews Group, Inc. (2012) 207 Cal.App.4th 639, the plaintiff sought to certify a class of persons who worked " 'for or on behalf of' " various newspaper companies " 'in folding, inserting advertising materials into, bagging, bundling, loading, and/or delivering said newspaper to its residential subscribers, ... and whom no defendant has acknowledged to be its employee in the performance of such work.' " (Id. at p. 645.) The defendants' "records identified approximately 5,000 individuals who had signed a contract with a newspaper. However, because putative class members retained the assistance, with or without a contract, of others who remained unknown to the defendants, the actual size of the proposed class was unknown." (Id. at p. 646.) In affirming the trial court's conclusion that the plaintiff failed to establish an ascertainable class, the Court of Appeal agreed with the trial court's observation that we are not faced with a speculative administrative burden but (as the class is defined) an actual obstacle to identifying persons who contend that they folded and bagged papers during the class period, for one or more defendants: a lack of objective evidence (such as business records) that indicate class membership.' " (Id. at pp. 648-649.)