Modification: Meza v. Pacific Bell Telephone Co.

DAVE MEZA,

Plaintiff and Appellant,

v.

PACIFIC BELL TELEPHONE COMPANY,

Defendant and Respondent.

No. B317119

(Kern County

Super. Ct.

No. BCV-15-101572)

California Court of Appeal

Second Appellate District

Division Three

Filed July 12, 2022

ORDER MODIFYING

OPINION AND DENYING

REHEARING

[NO CHANGE IN JUDGMENT]

THE COURT:

It is ordered that the opinion filed herein on June 17, 2022, be modified as follows:

1. On page four, in the second sentence of the first full paragraph, insert the words "and rest periods" between "meal" and the following comma, so the language reads:

failed to provide legally required meal and rest periods,

2. Delete the sentence beginning on page four with "The 2011 guidelines" and ending on page five with "positive image of the company" and insert the following in its place:

The 2011 guidelines, for example, provided that technicians: were not to abandon their vehicles, were required to protect company property at all times, were not allowed to travel "out of route," were not allowed to sleep in their vehicles at any time, were not permitted to congregate their vehicle with other company vehicles during meal or rest periods, and were expected to conduct themselves in a manner to project a positive image of the company during meal and rest periods.

3. On page 23, in the first sentence of the first full paragraph, delete the words "existed requiring" and insert the word "required" in their place.

4. On page 23, in the first sentence of the first full paragraph, insert after the word "communication" and before the period the words "to argue that such a requirement was a condition of employment," so that the language reads:

communication to argue that such a requirement was a condition of employment.

5. On page 26, the first sentence of the second full paragraph, insert the letter "s" at the end of the word "statement."

6. On page 29, the third sentence in the first full paragraph, capitalize the letter "l" in "legislature."

There is no change in the judgment.

The petitions for rehearing are denied.

CERTIFIED FOR PARTIAL PUBLICATION.

LIPNER, J.* EDMON, P. J. LAVIN, J.

* Judge of the Los Angeles Superior Court, assigned by the Chief Justice pursuant to article VI, section 6 of the California Constitution.