In plaintiff's suit against defendant employer seeking recovery of unpaid wages, denial of plaintiff's motion for class certification and subsequent motion for leave to amend complaint to substitute new class representative is affirmed in part and reversed in part where: 1) except as to a finding that plaintiff is not an adequate class representative, trial court did not apply the applicable criteria as it is evident that common legal and factual issues predominate over any individual issues with respect to the meal and rest break claims; and 2) denial of motion for leave to file the First Amended Complaint is reversed with directions to file it nunc pro tunc.
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Filed February 8, 2010
Opinion by Judge Johnson